View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
April 14, 2026 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
☐ PUBLIC HEARINGS:
A. Regional Consolidated Plan 2026-2030 Community & Neighborhood
Services
B. Request to establish an Industrial Development District at 331 W. Laketon
Ave. Economic Development
C. PA 198 Industrial Facilities Exemption - 2246 Olthoff Dr. Economic
Development
☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Workforce Housing Restrictive Covenant - Ryskamp Builders Economic
Development
C. Resolution for Workforce Housing Tax Exemption - Ryskamp Builders
Economic Development
D. Resolution to approve the NEZ District at 1937 Lakeshore Drive.
Economic Development
E. Contract Award: Hartshorn Marina Dredging DPW- Marina
Page 1 of 3
Page 1 of 265
F. City Commission Handbook Manager's Office
G. Amendment to the Zoning Ordinance - Removing B-3 and RT Districts.
Planning
H. Amendment to the Zoning Ordinance - Establishing Maximum Lot Widths
in R Districts Planning
I. Amendment to the Zoning Ordinance - Establishing Minimum Density
Requirements in Multi-Family Districts Planning
J. Fireworks Display Permit for Muskegon Country Club City Clerk
K. Soccer in the Sand DPW- Parks and Recreation
L. Resolution to approve the NEZ District at 2400 Lakeshore Dr Economic
Development
M. SOAR Business Partner Agreement Approval Economic Development
N. Henry Corridor Signal Project - Engineering Amendment - Right-of-Way
Effort Public Works
O. Extension of Partnership Agreement: Boys & Girls Club of the Muskegon
Lakeshore DPW- Parks
P. Concession Application - The Thirsty Mitten (Pere Marquette) DPW- Parks
Q. Health and Dental Care Renewal Finance
R. Contract with MATS for Beach Shuttle Service Manager's Office
S. Approve CRC Recommendations City Clerk
☐ ITEMS REMOVED FROM THE CONSENT AGENDA:
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the following: ITEM REMOVED PER STAFF REQUEST Public Safety
☐ ANY OTHER BUSINESS:
☐ GENERAL PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following: ►Fill out a
request to speak form attached to the agenda or located in the back of the room. ► Submit the form to
the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name. ►Limit of
3 minutes to address the Commission.
☐ CLOSED SESSION:
A. Attorney Communication Manager's Office
Page 2 of 3
Page 2 of 265
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
[email protected]
Page 3 of 3
Page 3 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Regional Consolidated Plan 2026-2030
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
Community and Neighborhood Services to host a public hearing for the Regional Consolidated Plan
2026-2030
Detailed Summary & Background:
Community and Neighborhood Services (CNS) is developing the 2026–2030 Regional Consolidated
Plan in partnership with the City of Norton Shores and the City of Muskegon Heights. As entitlement
communities, the three jurisdictions collaborate to prepare a shared Regional Consolidated Plan that
establishes housing, community development, and economic development priorities for the five-year
planning period. The plan will guide the use of Community Development Block Grant (CDBG) and
HOME Investment Partnerships Program (HOME) funds and will help ensure that federal resources are
directed toward the highest priority needs identified across the region.
As part of the planning process, the three communities are conducting a regional needs assessment
and community survey to gather input on housing needs, neighborhood conditions, public services,
and community development priorities. Outreach efforts have included consultation with municipal
staff, local service providers, housing agencies, nonprofit organizations, and residents from each
jurisdiction. Public input collected through surveys, meetings, and stakeholder discussions will be used
to help establish regional goals, identify priority activities, and ensure that the 2026–2030 Regional
Consolidated Plan reflects the most pressing needs of low- and moderate-income residents
throughout Muskegon, Muskegon Heights, and Norton Shores.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
To conduct a public hearing
Page 4 of 265
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 5 of 265
2026–2030
Regional
Action Plan
STR EE TS, PAR KS, & HOMES
The City of Muskegon has a plan to use federal money for local
projects, and we want your help. We have heard from partner
groups, program members, and over 500 community members
who took our survey. In this document, you can read a summary
of what we heard and see our draft plan. Please review it and tell
us what is most important to you.
mkgcity.com/aap
What Can These Funds Be Used For?
To improve housing, support public services, and make
neighborhoods and community spaces better for residents.
Community Housing Infrastructure
Build strong neighborhoods Safe, stable, and Improve streets, utilities,
and job opportunities affordable homes for all and public spaces
We Need Your Input
This plan is like a roadmap for
the next five years. What do
you think is working well? What
needs to be improved?
S CAN QR CODE OR VI S IT
Review the plan summary and
mkgcity.com/aap give feedback now.
Page 6 of 265
2026–2030 Regional Action Plan
Public Comment Open Now – April 7 through May 7, 2026
Regional Action Plan Overview
The City of Muskegon is accepting public comment on their 2026-2030 Regional Action Plan from now
through April 7 through May 7, 2026.
What is a Regional Action Plan? The 2026–2030 Regional Action Plan will serve as a roadmap,
explaining the programs which may be funded by the federal government grant dollars over the next
five years. This plan is not a budget, and the exact dollar amounts are not guaranteed. The amount of
funding can change each year based on a federal formula. The plan simply explains what the funds may
be used for if they are awarded.
These federal grants have strict rules. The money can only be used for specific types of projects and
programs that benefit the community. The funding is divided into two main programs:
HOME Investment Partnerships Program (HOME)
Federal funding that cities use to build, fix, and improve affordable housing for residents.
Community Development Block Grant (CDBG)
Federal funding that cities use to support public services, neighborhood improvements, and community
facilities.
The cities of Muskegon, Norton Shores, and Muskegon Heights work together to plan for and manage
these funds. Over the last five years, these grants helped pay for housing, public safety, parks, and other
community programs. Altogether, the three communities invested more than $8.7 million through these
programs.
As we plan for the next five years, community feedback is very important. A public survey and
community conversations helped us understand what residents think is working well and what needs
improvement. Staff members and community partners then created a draft plan. The feedback we
received, community information, and the focus areas for the plan are included in this packet.
This packet outlining the goals is shared publicly so people can provide comments before it is finalized.
After approval, the plan is submitted to the federal government.
The new program year is scheduled to begin July 1, 2026.
Funding Overview
For this grant program cities do not apply for a specific dollar amount. Instead, the amount of funding
changes each grant cycle and program year based on a federal formula. Based on historical context,
the City of Muskegon is the anticipating the following funding for the next 5-year cycle:
HOME Investment Partnerships Program (HOME) $1.5 Million
Federal funding that cities use to build, fix, and improve affordable housing for residents.
Community Development Block Grant (CDBG) $4.5 Million
Federal funding that cities use to support public services, neighborhood improvements, and community
facilities.
Page 7 of 265
Community Engagement Overview
Since 2025, the City of Muskegon has been developing a Regional Action Plan through a comprehensive
and community-informed process. This work has included internal planning and data analysis,
engagement with the Citizen’s District Council, surveys of frontline public safety personnel and city staff,
a public survey with more than 300 responses to date, and ongoing collaboration with a broad network
of community partners.
These partners represent a wide range of housing, health, education, and social service organizations,
ensuring diverse perspectives and expertise are reflected throughout the planning process.
The Citizen’s District Council plays a key advisory role, providing input to the Muskegon City Commission
on programs that support income-qualified residents, with meetings open to the public and focused on
transparency and community participation.
Staff survey results show strong alignment around the most impactful programs. Both all-staff and
Community and Neighborhood Services (CNS)staff identified Emergency Home Repairs and Homebuyer
Down Payment Assistance as top priorities. While CNS staff tend to rate indirect or pass-through
programs lower due to limited visibility, other staff recognize their broader community impact. This
highlights an opportunity to improve internal communication and better share outcomes across
departments.
Preliminary public survey results reinforce these findings. Of the 500 plus responses, the highest-ranked
programs for continuation include Emergency Home Repair, Parks and Recreation, Fire Department
Support, and Kids Power of Produce. Additionally, 87.57 percent of respondent’s support continuing the
Down Payment Assistance program. The survey opened February 16, 2026 and will close April 9, 2026
for those who desire to complete the survey.
Overall, the data shows strong community and staff support for direct, resident-focused services,
particularly those related to housing stability and homeownership, while also identifying opportunities
to strengthen awareness and alignment around the full range of programs.
Top Priorities
• Housing Stability & Affordability
Repair existing homes, expand homeownership, improve rental quality
• Neighborhood Conditions & Blight
Clean up trash, remove abandoned structures, enforce property maintenance
• Infrastructure & Accessibility
Fix roads, add sidewalks, improve lighting and ADA access
Supporting Priorities
• Public Safety- Reduce crime through prevention, enforcement, and safer environments
• Youth & Family Support- Invest in early childhood, recreation, and basic needs
• Transportation Access- Expand public transit and improve regional connectivity
Housing Needs Assessments
Page 8 of 265
The city has been evaluating its housing market and housing continues to be a huge need in the
community. The data outlines housing is needed at all price points and points to those who are
struggling are at 50% AMI with those who are at 30% or below seeing the greatest struggle.
Demand for affordable housing is expected to continue increasing during the 2026–2030 program
period due to rising construction costs, limited housing inventory, and increased demand for smaller and
accessible housing units.
Housing Market Analysis
The regional housing market is characterized by:
• Low rental vacancy rates.
• Rising construction and development costs.
• Increased investor ownership in certain neighborhoods.
• Limited availability of entry-level homeownership opportunities.
Homeowners below 80% AMI face increased property insurance, maintenance, and utility costs. Renters
below 50% AMI experience the highest rates of severe housing cost burden.
Disproportionate Housing Needs
Updated Comprehensive Housing Affordability Strategy (CHAS) and American Community Survey
(ACS) data indicate disproportionate housing needs among Black/African American households,
particularly below 50% AMI. Disparities exist in severe cost burden, overcrowding, and homeownership
rates.
The Regional Community Partners (RCP) will prioritize equitable housing strategies including:
• Expansion of affordable housing in high-opportunity areas.
• Support for first-generation and minority homebuyers.
• Fair housing education and enforcement.
Draft Strategic Plan Goals 2026–2030
Taking in our past five-year plan responses, community input, and housing data around the community
the following main focus areas have been outlined for the new 2026-2030 Regional Action Plan:
1. Expand Affordable Housing Production and Preservation.
2. Improve Housing Stability and Prevent Homelessness.
3. Strengthen Neighborhood Conditions and Public Infrastructure.
4. Promote Economic Opportunity and Workforce Development.
5. Advance Fair Housing and Reduce Disparities.
Non-Housing Community Development Needs
Community development priorities include:
• Infrastructure improvements.
• Blight removal and demolition.
• Code enforcement.
• Public facility upgrades.
• Youth and senior services.
• Economic development and workforce programs
Conclusion
The 2026–2030 Regional Consolidated Plan establishes a coordinated, data-driven strategy to address
housing affordability, housing stability, racial disparities, and community development needs.
Page 9 of 265
Affordable housing production and preservation remain central to this plan. The RCP partners are
committed to leveraging federal, state, local, and private resources to maximize impact and improve
quality of life for low- and moderate-income residents.
Anticipated use of funds- Year 1
Page 10 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Request to establish an Industrial
Development District at 331 W. Laketon Ave.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 198 of 1974, as amended, American Fabricated Products, 16910 148th Ave.,
Spring Lake, MI has requested the establishment of an Industrial Development District for property
located at 331 W. Laketon Ave.
Detailed Summary & Background:
American Fabricated Products (American Fab) has submitted a request to establish an Industrial
Development District at 331 W. Laketon Ave, the former Intra City Dispatch facility. American Fab
purchased the building in 2025 and plans to move all of their business operations to this location.
American Fab plans to make significant capital investments into rehabbing the facility and
anticipates adding additional jobs.
According to Public Act 198 of 1974, as amended, the creation of an Industrial Development District
is a required first step before a business can apply for an Industrial Facilities Tax (IFT) Exemption
certificate, which provides a property tax abatement on qualified real property investments.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Reduction of blighted commercial properties
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to close the public hearing and approve the attached resolution establishing an Industrial
Development District at 331 W. Laketon Ave., and authorize the Mayor and City Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Public Act 198 of 1974 as amended
Page 11 of 265
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 12 of 265
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING AN INDUSTRIAL DEVELOPMENT DISTRICT AT 331 W. LAKETON
AVE, MUSKEGON, MI 49441
WHEREAS, pursuant to PA 198 of 1974, as amended, the City Commission of the City of Muskegon
has the authority to establish an Industrial Development District within the City of Muskegon; and
WHEREAS, American Fabricated Products has petitioned the City Commission of the City of
Muskegon to establish an Industrial Development District on its property located in the City of
Muskegon hereinafter described; and
WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not
commenced at the time of filing the request to establish this district; and
WHEREAS, written notice has been given by mail to all owners of real property located within the
district, and to the public by newspaper advertisement in the Muskegon Chronicle and public posting
of the hearing on the establishment of the proposed district; and
WHEREAS, on April 14, 2026, a public hearing was held at which all owners of real property within the
proposed Industrial Development District and all residents and taxpayers of the City of Muskegon were
afforded an opportunity to be heard thereon; and
WHEREAS, the City Commission of the City of Muskegon deems it to be in the public interest of the
City of Muskegon to establish the Industrial Development District as proposed; and
IT IS HEREBY DETERMINED that the property comprising not less than 50 percent of the state
equalized valuation of the property within the proposed Industrial Development District is obsolete;
and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the
following described parcel of land situated in the City of Muskegon, Muskegon County, and State of
Michigan, to wit:
CITY OF MUSKEGON LOTS 5-7 & PART OF LOTS 2-4 & 8-9 INC BLK 1 & LOTS 4-7 & LOTS 14-
17 & PART OF LOTS 8-9 INC & 13 BLK 2 DENNIS SMITH & CO'S 2ND ADDITION ALSO E 33 FT
VAC FAIRVIEW ST AND PART OF VACATED MAY ST ALSO PART OF NW 1/4 OF NE 1/4 SEC
31 T10N R16W LYING ELY OF GTW R/R ROW DESC AS FOLLOWS BEG AT NE COR LOT 7 OF
DENNIS SMITH & CO'S 2ND ADDITION BEING POB TH S 00D 14M 00S W ALG WLY ROW LN
OF KEATING ST 150.28 FT TH N 89D 31M 05S E 329.11 FT TH S 00D 11M 47S E ALG WLY ROW
LN OF 6TH ST 224.34 FT TH S 89D 09M 04S W 149.91 FT TH S 00D 14M 00S W 62.17 FT TH N
89D 21M 25S W 147.89 FT TH N 00D 14M 00S E 194.05 FT TH N 89D 46M 00S W 151.64 FT TH
N 34D 34M 28S W 291.58 FT TH S 89D 58M 00S E ALG SLY ROW LN OF LAKETON AVE 285.08
FT TO POB TOGETHER WITH & SUBJ TO A 20 FT WIDE ESMT FOR ACCESS SUBJ TO ESMT
L/P 4399/224
Page 13 of 265
is established as an Industrial Development District pursuant to the provisions of PA 198 of 1974, as
amended, to be known as 331 W. Laketon Ave. Industrial Development District.
Adopted this 14th Day of April 2026.
Ayes:
Nays:
Absent:
BY: __________________________________
Ken Johnson
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on April 14,
2026.
______________________________
Ann Meisch
Clerk
Page 14 of 265
Page 15 of 265
4/1/26, 10:41 AM about:blank
331 W. Laketon Ave Property Report
Area of Interest (AOI) Information
Area : 128,302.28 ft²
Apr 1 2026 10:19:52 Eastern Daylight Time
about:blank 1/3
Page 16 of 265
4/1/26, 10:41 AM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 128,302.28 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
331 W
61-24-230-
1 24 2.94 2.92 331 W LAKETON MUSKEGON
001-0001-11
AVE
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
AFP REAL 16910 SPRING
1 MI 49441 No Data No Data MI
ESTATE LLC 148TH AVE LAKE
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Commercial
1 49456 No Data No Data No Data No Data 201 61010
- Improved
about:blank 2/3
Page 17 of 265
4/1/26, 10:41 AM about:blank
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
LOTS 5-7 & PART OF
LOTS 2-4 & 8-9 INC BLK 1
& LOTS 4-7 & LOTS 14-17
& PART OF LOTS 8-9 INC
& 13 BLK 2 DENNIS SMITH
& CO'S 2ND ADDITION
ALSO E 33 FT VAC
FAIRVIEW ST AND PART
OF VACATED MAY ST
ALSO PART OF NW 1/4 OF
NE 1/4 SEC 31 T10N R16W
LYING ELY OF GTW R/R
ROW DESC AS FOLLOWS
BEG AT NE COR LOT 7 OF
DENNIS SMITH & CO'S
2ND ADDITION BEING
POB TH S 00D 14M 00S W
MUSKEGON CITY ALG WLY ROW LN OF
1 No Data 128,302.28
SCHOOL DIST KEATING ST 150.28 FT TH
N 89D 31M 05S E 329.11
FT TH S 00D 11M 47S E
ALG WLY ROW LN OF 6TH
ST 224.34 FT TH S 89D
09M 04S W 149.91 FT TH
S 00D 14M 00S W 62.17 FT
TH N 89D 21M 25S W
147.89 FT TH N 00D 14M
00S E 194.05 FT TH N 89D
46M 00S W 151.64 FT TH
N 34D 34M 28S W 291.58
FT TH S 89D 58M 00S E
ALG SLY ROW LN OF
LAKETON AVE 285.08 FT
TO POB TOGETHER WITH
& SUBJ TO A 20 FT WIDE
ESMT FOR ACCESS SUBJ
TO ESMT L/P 4399/224
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 3/3
Page 18 of 265
March 17, 2026
Ann Marie Meisch
City of Muskegon Clerk’s Office
City Hall, 1st floor
933 Terrace Street
Muskegon, MI 49440
Dear Clerk Ann,
This letter is to request the establishment of an Industrial Development District for property located at 331 West
Laketon, Muskegon 49441 on behalf of American Fabricated Products. The property identification number is 61-24-
230-001-0001-11.
American Fabricated Products is a relocating all business operations to the City of Muskegon from Ottawa County. We
have been in business for nearly 20 years, and have grown our business from a small machine shop to needing
additional space for expansion.
To the extent possible, we would like to apply for tax abatement incentives for proposed future economic development
expansion activities at our location. We anticipate continued growth and additional jobs will be created as a result.
If you have any questions concerning this request, please call me at 616-607-8785 or email me at
[email protected]. Thank you.
Sincerely,
Andrew Blankenship
Operations Manager
American Fabricated Products
cc: Kelsey Rhoda, Greater Muskegon Economic Development
16910 148th Ave ● Spring Lake, MI 49456 ● Ph (616) 607-8785 ● www.american-fab.com
Page 19 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: PA 198 Industrial Facilities Exemption - 2246
Olthoff Dr.
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 198 of 1974, as amended, A.B. Electrical Wires, Inc., 2246 Olthoff Dr., has
requested the issuance of an Industrial Facilities Exemption Certificate for the property located at
2246 Olthoff Dr.
Detailed Summary & Background:
A.B. Electrical Wires, Inc. is requesting an Industrial Facilities Exemption (IFT) certificate for real property
improvements at 2246 Olthoff Dr., located within the Port City Industrial Park, an area designated as
an Industrial Development District in 1983. The company is proposing a real property investment of
approximately $3,243,486 to support the expansion of its existing facility, including the construction of
an addition totaling approximately 39,750 square feet.
A.B. Electrical Wires, Inc. specializes in the design, engineering, and manufacturing of wire and cable
harness assemblies and industrial control panel solutions used across a wide range of industries. The
proposed expansion will support increased production capacity and continued growth of the
company’s operations.
In addition to the physical expansion, the company anticipates creating over 30 new jobs within the
next two years, further contributing to local employment and economic development within the City
of Muskegon.
The company has also signed the City’s Equal Employment Opportunity and Inclusive Workforce
Development Letter, affirming its commitment to building a workforce that reflects the diversity of the
community. The City’s EEO & Employee Relations Director, in collaboration with the Economic
Development Department, will monitor the company’s progress toward these workforce goals.
Following review, the City’s Internal Tax Committee recommends approval of a 12-year abatement
term for the proposed investment.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Page 20 of 265
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to close the public hearing and approve the Industrial Facilities Exemption Certificate for A.B.
Electrical Wires, Inc., 2246 Olthoff Dr., and further authorize the Mayor and City Clerk to execute the
resolution and all related agreement documents, as presented.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division City of Muskegon Tax Incentives Policy
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 21 of 265
Page 22 of 265
Page 23 of 265
Page 24 of 265
Page 25 of 265
Page 26 of 265
Page 27 of 265
A.B Electrical Wires, Inc.
Cognate Value Cognate Value
PA 198 12 year, 50% PA 210, 255, 146
abatement
Taxable Value 4 Taxable Value 0-5
Job Creation 3 Location 0-2
Resident Hiring 0 New Business 0-1
Resident
Owned/Managed 0-2
TOTAL 7 TOTAL 0-10
COMMERCIAL REHABILITATION TAX
PA 255 Tax Abatement Scoring Guide ABATEMENT (PUBLIC ACT 210)
COMMERCIAL REDEVELOPMENT DISTRICT
1-5 Points: 4 Year Abatement ABATEMENT (PUBLIC ACT 255)
OBSOLETE PROPERTY REHABILITATION
6-8 Points: 8 Year Abatement
ACT (PUBLIC ACT 146)
9-10 Points: 12 Year Abatement
TAXABLE VALUE: The City will consider the
estimated additional tax base that the development
PA 146 Tax Abatement Scoring
Guide will generate based on plan review, assessor's
analysis and permit fees. 1 point awarded for
1-5 Points: 4 Years frozen taxable $150,000 to $249,999 in taxable value, 2 points
values awarded for $250,000 to $499,999, 3 points
awarded for $500,000 to $749,999, and 4 points
6-8 Points: 8 Years frozen taxable awarded for $750,000 to $999,999, and 5 points for
values taxable value creation over $1,000,000. Any
development creating a taxable value over
9-10 Points: 12 Years frozen taxable $5,000,000 will recommended to receive the full
values abatement.
PA 210 Tax Abatement Scoring LOCATION: An additional two points will be
Guide awarded to a development if it is proposed in one of
the City's identified Commercial or Residential
1-5 Points: 3 Years frozen taxable Redevelopment Areas (map attached).
values
NEW BUSINESS: An additional point will be
6-8 Points: 6 Years frozen taxable awarded if the development is being proposed by a
values commercial entity or housing developer that is new
to the City of Muskegon.
9-10 Points: 10 Years frozen taxable
RESIDENT Owned / Managed: An additional point
values
will be awarded if the proposed business or
development is owned or managed by a resident.
Page 28 of 265
PA 198 IFEC Scoring Guide INDUSTRIAL FACILITIES EXEMPTION
(PUBLIC ACT 198)
1-7 Points: 9-Year 50% Abatement
TAXABLE VALUE: The City will consider the
7-10 Points: 12 Year 50% Abatement estimated additional tax base that the
development will generate based on plan
review, assessor's analysis and permit fees. 1
point awarded for $250,000 - $499,999 in
taxable value, 2 points awarded for $500,000 to
$749,999, 3 points awarded for $750,000 to
$999,999, and 4 points awarded for taxable
value creation over $1,000,000. Any
improvement resulting in $5,000,000 or more in
new taxable value will be recommended for the
full 12 year abatement. Additionally, any
construction of a new industrial facility will be
recommended for the full 12 year abatement.
JOB CREATION: Up to 3 additional points can
be earned by creating new full time jobs in the
City Limits. 1 point will be earned for 10 newly
created jobs, 2 points for 11-24 jobs, and the full
3 points for 25+ jobs. Any development creating
100 or more jobs in the first three years will
recommended for the full 12 year abatement.
RESIDENT HIRING: An additional point will be
awarded if the proposed development will
commit to employing 10% of its full time staff
from within the city limits, and an additional 2
points will be awarded if the proposed
development will commit to employing 20% of
its full time staff from within the city limits.
Page 29 of 265
Page 30 of 265
3/17/26, 11:19 AM about:blank
Muskegon County Property Report - 2246 Olthoff
Area of Interest (AOI) Information
Area : 282,520.69 ft²
Mar 17 2026 11:16:30 Eastern Daylight Time
about:blank 1/2
Page 31 of 265
3/17/26, 11:19 AM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 282,520.69 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
2246
61-24-694-
1 24 6.48 6.55 2246 No Data OLTHOFF MUSKEGON
000-0039-01
DR
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
RWD 2246
1 MI 49444 PROPERTY No Data No Data OLTHOFF MUSKEGON MI
LLC DR
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Industrial -
1 49444 No Data No Data No Data No Data 301 61190
Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
ORCHARD VIEW PORT CITY INDUSTRIAL
1 I-2 282,520.69
SCHOOLS CENTER #4 LOTS 39, 40 &
41
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 2/2
Page 32 of 265
Page 33 of 265
SWORN STATEMENT
OWNER: RWD Property LLC COMPANY NAME: HUGHES BUILDERS INC DATE: 11/11/2025
PERSON SUBMITTING: Ron Hughes DRAW #: 0
ADDRESS OF PROJECT: 2246 Olthoff Dr
The following is a statement of each subcontractor and supplier, and laborer, for whom payment of wages or fringe
benefits and withholdings is due but unpaid, with whom the (contractor)(subcontractor) has (contracted)(subcontracted) for
performance under the contract with the owner of property lessee of the performance under the contract with the owner or
STATE: Michigan lessee of the property, and the amounts due to the persons as of the dateof this statement are correctly and fully set forth
opposite their names:
COUNTY: Muskegon
Ron Hughes (deponent), being sworn, states: The contractor has not procured material from, or subcontracted with any person other than those set forth and owes no
money for the improvement other than the sums set forth.
HUGHES BUILDERS INC is the (contractor, or subcontractor) for an improvement to the
I make this statement as the (contractor) (subcontractor) or as the ____________________________ of the
following real property known as A.B Electric Wires (contractor)(subcontractor) to represent to the owner or lessee of the property his or her agents that the property is free
from claims of construction liens, or the possibility of construction liens, except as specifically set forth in this statement
and except for claims of construction liens by laborers that may be provided under section 109 of the construction lien act,
1980 PA 497, MCL570.1109.
Name of Subcontractor, Supplier Adjust amount Total Adjusted Amount Already Amount Currently Total Retention Balance To
Type of Improvement Furnished Contract Price
or Laborer (increase/decrease) Amount Paid Owing Heldback Comple
1 American Buildings Structural Steel $494,946.00 -$25,404.00 $469,542.00 $469,542.00
2 HBI Plans,Permits,Labor $1,708,814.50 $1,708,814.50 $350,000.00 $1,358,814.50
3 Thermall Insulation $106,750.00 $106,750.00 $106,750.00
4 High Grade Concrete Foundation Material $60,745.00 $60,745.00 $60,745.00
5 High Grade Concrete Sidewalks/Approaches $3,315.00 $3,315.00 $3,315.00
6 High Grade Concrete Concrete Floor Material $165,000.00 $165,000.00 $165,000.00
7 High Grade Concrete Concrete Dock Material $21,962.50 $21,962.50 $21,962.50
8 HBI Site, Fill and Demo $83,600.00 $83,600.00 $83,600.00
9 Quality Door Overhead doors $20,399.00 $20,399.00 $20,399.00
10 Store Fronts Windows & Glass doors $8,800.00 $8,800.00 $8,800.00
11 Gypsum Supply Studs,drywall $12,000.00 $12,000.00 $12,000.00
12 Arch Hardware Interior Door Material $5,200.00 $5,200.00 $5,200.00
13 Gypsum Supply Drop Ceiling Material $8,900.00 $8,900.00 $8,900.00
14 River City Floor Covering $13,500.00 $13,500.00 $13,500.00
15 Beuschel Sales Loading Dock Equipment $25,500.00 $25,500.00 $25,500.00
16 Bush Concrete Basins $9,000.00 $9,000.00 $9,000.00
17 API Asphalt $129,092.00 $129,092.00 $129,092.00
18 Byron Plumbing Plumbing $29,926.00 $29,926.00 $29,926.00
19 Bruecl Electric Electrical $117,160.00 $117,160.00 $117,160.00
20 McKellips HVAC $121,390.00 $121,390.00 $121,390.00
SUBTOTALS, CONTINUED ON REVERSE $3,146,000.00 -$25,404.00 $3,120,596.00 $350,000.00 $0.00 $0.00 $2,770,596.00
Page 34 of 265
Name of Subcontractor, Supplier Adjust amount Total Adjusted Amount Already Amount Currently Total Retention Balance To
Type of Improvement Furnished Contract Price
or Laborer (increase/decrease) Amount Paid Owing Heldback Comple
21 Dependable Fire Fire Suppression $59,000.00 $59,000.00 $59,000.00
22 Novotny Fire alarm $11,000.00 $11,000.00 $11,000.00
23 HBI Hookups $40,000.00 $40,000.00 $40,000.00
24 Dependable Fire Fire Suppression upgrade $217,900.00 $217,900.00 $217,900.00
25 Dependable Fire Fire Pump upgrade $80,000.00 $80,000.00 $80,000.00
26 Novotny Keyless Entry upgrade $32,000.00 $32,000.00 $32,000.00
27 HBI 10% on upgrades $32,990.00 $32,990.00 $32,990.00
28 $0.00 $0.00
29 $0.00 $0.00
30 $0.00 $0.00
31 $0.00 $0.00
32 $0.00 $0.00
33 $0.00 $0.00
34 $0.00 $0.00
35 $0.00 $0.00
36 $0.00 $0.00
37 $0.00 $0.00
38 $0.00 $0.00
39 $0.00 $0.00
TOTALS $3,256,000.00 $337,486.00 $3,593,486.00 $350,000.00 $0.00 $0.00 $3,243,486.00
WARNING TO OWNER OR LESSEE: AN OWNER OR LESSEE OF THE PROPERTY MAY NOT RELY ON THIS SWORN STATEMENT TO
AVOID THE CLAIM OF A SUBCONTRACTOR, SUPPLIER, OR LABORER WHO HAS PROVIDED A NOTICE OF FURNISHING OR A LABORER
WHO MAY PROVIDE A NOTICE OF FURNISHING UNDER SECTION 109 OF THE CONSTRUCTION LIEN ACT, 1980 PA 497, MCL 570.1109, TO THE
DESIGNEE OR TO THE OWNER OR LESSEE IF THE DESIGNEE IS NOT NAMED OR HAS DIED.
WARNING TO DEPONENT: A PERSON WHO GIVES A FALSE SWORN STATEMENT WITH INTENT TO DEFRAUD IS SUBJECT TO
CRIMINAL PENALTIES AS PROVIDED IN SECTION 110 OF THE CONSTRUCTION LIEN ACT, 1980 PA 497, MCL 570.1110.
Deponent
Subscribed and sworn to before me on ___________________________________ (Date)
My commission expires:
Notary Public, ____________________________________________, County, MI
Page 35 of 265
Page 36 of 265
Page 37 of 265
Page 38 of 265
Page 39 of 265
Page 40 of 265
Page 41 of 265
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF INDUSTRIAL
FACILITIES EXEMPTION CERTIFICATE A.B. Electrical Wires, Inc
WHEREAS, pursuant to P.A. 198 of 1974 as amended, A.B. Electrical Wires, Inc.,
has filed an application for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to the expansion of an existing facility,
new machinery and equipment to be installed within said Industrial
Development District, located at 2246 Olthoff Drive; and
WHEREAS, A.B. Electrical Wires, Inc. has filed an application for the issuance
of an Industrial Facilities Tax Exemption Certificate with respect to the
expansion of an existing facility, new machinery and equipment to be
installed within said Industrial Development District and
WHEREAS, before acting on said application the Muskegon City Commission held
a public hearing on April 14, 2026 at the Muskegon City Hall in Muskegon,
Michigan at 5:30 p.m. at which hearing the applicant, the assessor and
representatives of the affected taxing units were given written notice and
were afforded an opportunity to be heard on said application; and
WHEREAS, the expansion of the existing facility and installation of machinery and
equipment is calculated to and will have the reasonable likelihood to retain,
create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes
within the City of Muskegon, will not exceed 5% of an amount equal to the
sum of the SEV of the local government unit, plus the SEV of personal and
real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City
Commission of the City of Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the
Certificate considered together with the aggregate amount of
certificates previously granted and currently in force under Act No. 198
of the Public Act of 1974 as amended shall not have the effect of
substantially impeding the operation of the City of Muskegon or
impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of A.B. Electrical Wires, Inc. for the issuance of an
Industrial Facilities Tax Exemption Certificate with respect to the
expansion, installation of new machinery and equipment on the
following described parcel of real property situated within the City of
Muskegon to wit:
Page 42 of 265
CITY OF MUSKEGON
PORT CITY INDUSTRIAL CENTER #4
LOTS 39, 40 & 41
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be
and remain in force and effect for a period of twelve (12) years on real
property.
Adopted this 14 Day of APRIL 2026
Ayes:
Nays:
Absent:
BY: ________________________________
Ken Johnson Mayor
ATTEST: ___________________________
Ann Meisch, City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a
resolution adopted by the Muskegon City Commission, County of Muskegon,
Michigan, at a regular meeting held on April 14, 2026.
__________________________
Ann Meisch, City Clerk
Page 43 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the March 24, 2026, City Commission Meeting.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the minutes.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 44 of 265
CITY OF MUSKEGON
CITY COMMISSION MEETING
March 24, 2026 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March 24, 2026.
Pastor Jeremy Lenertz from First Wesleyan Church, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Destinee Keener, Commissioners Willie
German, Jr. (left at 6:43 p.m.), Kiley Jackson, Katrina Kochin, Rebecca St.Clair,
and Jay Kilgo, City Manager Jonathan Seyferth, City Attorney Brennen Gorman,
and City Clerk Ann Marie Meisch
2026-21 PUBLIC HEARINGS
A. Sappi PUD Parcel Acquisition, 2400 and 2850 Lakeshore Drive Manager's
Office
The City is seeking authorization to apply for an MDNR Natural Resources Trust
Fund grant for the acquisition of ten (10) lakefront parcels on the former Sappi
PUD at 2400 and 2850 Lakeshore Drive. The property would be used as a new
public parklet with increased Muskegon Lake waterfront access at the end of
the Lincoln Street extension into the development. A public hearing is a
requirement of the MDNR application process to gather feedback from the
public about the project.
The City Commission-approved Sappi Planned Unit Development (PUD), at 2400
and 2850 Lakeshore Dr, includes an Option Agreement between the City and
Parkland Properties giving the City the exclusive right to purchase an area
encompassing ten (10) lots at a reduced rate. Parkland agreed to a rate
of $148,750 per lot, representing a 15% reduction in the average projected sale
price on all waterfront lots in the PUD. This reduced rate was determined based
on cost savings from building fewer single-family homes on these parcels and
requiring fewer utility installations and other infrastructure to support these lots.
Page 1 of 10
Page 45 of 265
The option commenced on the closing date (12/18/26) between Parkland and
Pure Muskegon on the property, and the City would have two (2) years to
execute these purchases.
The parcels would be acquired through an application to the MDNR Natural
Resources Trust Fund grant program to install a new public park and increase
public access to Muskegon Lake. Acquisition of the lakefront parcels will secure
public ownership and permanent public access to Muskegon Lake and support
long-term redevelopment consistent with adopted City plans.
The total estimated MNRTF-eligible project cost is $1,580,500, and the City
intends to request $1,106,300 in MNRTF assistance with a local match in the
amount of $474,200 from City funds, representing approximately 30% of the total
project cost.
The deadline to submit applications for the MDNR Natural Resources Trust Fund
grant program is April 1, 2026.
STAFF RECOMMENDATION: To close the public hearing and authorize staff to
apply to the MDNR Natural Resources Trust Fund acquisition grant in the amount
of $1,106,300, with a match commitment of $474,200, for the acquisition of ten
(10) parcels on the former Sappi PUD, subject to final appraisal due in October.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner St.Clair, second by Commissioner Kilgo, to close the
public hearing and authorize staff to apply to the MDNR Natural Resources Trust
Fund acquisition grant in the amount of $1,106,300, with a match commitment of
$474,200, for the acquisition of ten (10) parcels on the former Sappi PUD, subject
to final appraisal due in October.
ROLL VOTE: Ayes: German, Jackson, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
B. Request to Create a New Neighborhood Enterprise Zone District at 2400
Lakeshore Drive Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended, staff
has received a request to create a new Neighborhood Enterprise Zone (NEZ)
district at 2400 Lakeshore Drive.
This public hearing is being held to consider the establishment of the proposed
NEZ district. The applicant intends to develop single-family owner-occupied units
along 65.46 acres of the Sappi development. Inclusion in a NEZ district would
allow eligible property owners to apply for NEZ certificates, which reduce
residential property taxes on newly constructed housing.
Page 2 of 10
Page 46 of 265
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
February 12, 2026.
Per State requirements:
• A public hearing must be held within 45 days of the notice being sent.
• The resolution establishing the NEZ district may not be adopted until at least 60
days after notice was issued.
The resolution to establish the NEZ district at 2400 Lakeshore Drive is scheduled to
return to the City Commission for consideration on April 14, 2026. State law
allows up to 15% of a local government’s total land area to be designated as
NEZ districts. The City of Muskegon is currently at 13.34%. The addition of the
proposed NEZ district would remain within the allowable statutory limit. If
approved, staff estimates that the NEZ District’s total area will fall under 14.1% of
the City’s total acreage.
STAFF RECOMMENDATION: I move to close the public hearing for the NEZ District
at 2400 Lakeshore Drive.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Vice Mayor Keener, second by Commissioner Kilgo, to close the
public hearing for the NEZ District at 2400 Lakeshore Drive.
ROLL VOTE: Ayes: Jackson, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
C. Neighborhood Enterprise Zone Certificates - 577 Amity Ave. and 723 Amity
Ave. Economic Development
Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ)
certificates for 15 years for a new construction home at 577 Amity Ave. and 723
Amity Ave.
Robert Muusse Builders LLC has submitted two applications for Neighborhood
Enterprise Zone (NEZ) certificates for the construction of single-family homes at
577 Amity Avenue and 723 Amity Avenue. 577 Amity Ave. will feature three
bedrooms and one and a half bathrooms. 723 Amity Ave. will have two
bedrooms and one bathroom, with the potential to add an additional bedroom
and bathroom. The Neighborhood Enterprise Zone Act provides for the
development and rehabilitation of residential housing located within eligible
distressed communities. Approval of these applications would grant the future
property owners a tax abatement that reduces their property taxes by
Page 3 of 10
Page 47 of 265
approximately 50% for up to 15 years.
STAFF RECOMMENDATION: I move to close the public hearing and approve
Neighborhood Enterprise Zone (NEZ) certificates for 15 years at 577 Amity Ave.
and 723 Amity Ave. and authorize the City Clerk and Mayor to sign the
applications and resolutions.
The Public Hearing opened to hear and consider any comments from the
public. Pat Jones asked about the creation of the districts.
Motion by Commissioner Kochin, second by Vice Mayor Keener, to close the
public hearing and approve Neighborhood Enterprise Zone (NEZ) certificates for
15 years at 577 Amity Ave. and 723 Amity Ave. and authorize the City Clerk and
Mayor to sign the applications and resolutions.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Jackson
Nays: None
MOTION PASSES
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were made.
2026-22 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the March 9th Worksession Meeting and the March 10th
City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
C. Economic Development Revolving Loan Fund Request – OB’s Southern
Brunch House Economic Development
OB’s Southern Brunch House has submitted a request for a $50,000 loan through
the City’s Economic Development Revolving Loan Fund (RLF). The requested
funds will provide gap financing between the owners’ equity investment and
their commercial loan.
The business will be located at 379 W. Western Avenue, Suite 102, within the
Sidock Group building. OB’s Southern Brunch House will offer southern-inspired
brunch dishes and craft beverages. The business is expected to create several
new job opportunities and serve as a positive addition to the downtown business
district.
The owners, Will and Fatima Roberson, are experienced entrepreneurs who
have successfully operated other businesses, including a staffing agency.
The proposed loan term is five (5) years, with the loan anticipated to conclude
in April 2031. Additional details regarding the loan terms are included in the loan
Page 4 of 10
Page 48 of 265
term agreement.
The Ad Hoc Economic Development Loan Fund Advisory Committee met to
review the application and supporting materials and recommends approval of
the $50,000 loan.
The Economic Development Revolving Loan Fund has traditionally been used to
supplement conventional financing sources and assist with financial gaps for
new or expanding businesses that contribute to the City’s economic
development goals.
STAFF RECOMMENDATION: I move to approve a loan in the amount of $50,000 to
Roberson Entertainment, LLC from the Economic Development Revolving Loan
Fund for OB's Southern Brunch House.
D. Goal Setting Facilitation Contract Manager's Office
Staff is seeking approval to enter a contract with Double Haul Solutions for
facilitation of goal setting with the City Commission.
Staff interviewed 3 firms capable of facilitating a goal setting session with the
Commission and recommends contracting with Double Haul Solutions. DHS is
located within Michigan and has worked diligently to form a process based on
the needs of our community and organization. They have shown themselves to
be flexible and have offered guidance that aligns with our values for
engagement, visioning, and teamwork. We feel that they will work as partners
who are invested in the success of our community, and their approach is
comprehensive and affordable.
The other two companies that were considered are MGT Consulting and
LeaderGov both of which gave strong proposals but would work more remotely,
and in one case cost much more than the recommended firm.
While the current long term goals don't expire until 2027, staff would like to better
align the long term goals with Commission terms. We look forward to beginning
the process to create a vision and prioritize the goals to lead Muskegon forward.
STAFF RECOMMENDATION: To approve the contract with Double Haul Solutions
and authorize the City Manager to sign.
E. Contract Award: Material Testing - 215733 Lakeshore Dr DPW- Engineering
Staff is requesting authorization to approve a contract with Material Testing
Consultants in the amount of $30,000 for material testing on the Lakeshore Drive
road reconstruction project, as outlined within the RFP.
Bids were solicited for material testing for the Lakeshore Drive road
reconstruction project, which is required by the State to ensure the contractor is
meeting construction standards. Two bids were received:
Material Testing Consultants $30,000.00
Soils & Structures $67,287.00
This work is budgeted for and included in the street funds associated with the
Page 5 of 10
Page 49 of 265
project.
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with
Material Testing Consultants in the amount of $30,000.00 for material testing for
the Lakeshore Drive road reconstruction project, as defined within the RFP.
H. Invoice for Maintenance of Voting Equipment - REMOVE PER STAFF
REQUEST City Clerk
I. Resolution for Charitable Gaming License - Watch Us Go Boating -
Muskegon City Clerk
Watch Us Go Boating - Muskegon is requesting a resolution recognizing them as
a non-profit organization operating in the City for the purpose of obtaining a
gaming license. They have been recognized as a 501(c)(3) organization by the
State.
STAFF RECOMMENDATION: Approval of the resolution for a Charitable Gaming
License.
J. Resolution for Charitable Gaming License - Route 31 Foundation City Clerk
Route 31 Foundation is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a gaming
license. They have been recognized as a 501(c)(3) organization by the State.
STAFF RECOMMENDATION: Approval of the resolution for a Charitable Gaming
License.
K. Muskegon Farmers Market Vendor Rates City Clerk
To approve the proposed rates for vendors at the Farmers Market in 2026.
It is recommended that the City increase rates for seasonal vendors by
approximately 3% in 2026. The remaining rates will remain the same. Staff
reviewed rates of other farmers market and we are comparable. The Muskegon
Farmers Market Advisory Board also reviewed the proposed increase.
STAFF RECOMMENDATION: To approve the rate increases for the Farmers Market
as proposed.
Motion by Commissioner German, second by Commissioner Kilgo, to adopt the
Consent Agenda as presented minus items B, F, G, and L.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Jackson, and
Kochin
Nays: None
MOTION PASSES
2026-23 ITEMS REMOVED FROM THE CONSENT AGENDA
B. Deficit Elimination Plan-Brownfield Redevelopment Activities Finance
Page 6 of 10
Page 50 of 265
To approve the Deficit Elimination plan and resolution for the Brownfield
Redevelopment Authority (combined) and direct staff to submit plan to the
State of Michigan.
At June 30, 2025 the Brownfield Redevelopment Authority (combined) had a
$133,849.00 deficit. Act 275 of Public Acts of 1980 requires the City to formulate
a deficit elimination plan and submit it to the Michigan Department of Treasury.
STAFF RECOMMENDATION: To approve the Deficit Elimination plan and resolution
for the Brownfield Redevelopment Authority (combined) and direct staff to
submit plan to the State of Michigan.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve the
Deficit Elimination plan and resolution for the Brownfield Redevelopment
Authority (combined) and direct staff to submit plan to the State of Michigan.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Jackson, Kochin, and
St.Clair
Nays: None
MOTION PASSES
F. Mobile Food Vending Ordinance Update Manager's Office
This action would update Article VIII. Mobile Food Vending Ordinance Section
50-304 Regulations by adding a subsection (p) creating an additional exception
to the 1,000 ft. exclusion zone for mobile food vending that events can enforce.
Per the direction of the City Commission at our December, 2025, LPC meeting,
the staff is presenting an ordinance update related to mobile food vending on
private property within 1,000 feet of an approved event. Under our current
ordinance, no mobile food vending may exist within 1,000 feet of an approved
event unless the event has given permission or it's part of a brick and mortar's
ongoing general operations. This update will create an additional exception
and is outlined below.
(p) Subsection (j) shall not apply to a mobile food vendor operating on private
property when all of the following conditions are met:
1. The property shall not be used as a commercial kitchen permitted for the
preparation of food, where such use constitutes more than fifty percent
(50%) of the gross revenue generated on the property.
2. Any water supply or electrical service utilized by a mobile food vendor
shall be provided only through utility connections that have been installed
for use by a mobile food vendor and lawfully installed and maintained in
compliance with all applicable building, plumbing, electrical, health, and
safety codes.
3. The property owner or occupant in lawful possession of the property has
allowed mobile food vendors to operate on the property for no fewer
Page 7 of 10
Page 51 of 265
than ten (10) days during the thirty (30) day period immediately
preceding the date the vendor operates on the property pursuant to this
subsection; and
4. The vendor operates on the property with the express written permission of
the property owner or occupant in lawful possession of the property.
STAFF RECOMMENDATION: I move to update Article VIII, Mobile Food Vending
Ordinance, Section 50-304 Regulations, by adding Subsection P as presented.
Motion by Vice Mayor Keener, second by Commissioner Kilgo, to update Article
VIII, Mobile Food Vending Ordinance, Section 50-304 Regulations, by adding
Subsection P as presented.
ROLL VOTE: Ayes: Kilgo, Keener, German, Jackson, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
G. Street Sweeping Contract Public Works
Staff seeks authorization to enter into a three-year agreement with Tri-Us
Services, Inc. to provide street sweeping services in the amount of $450,645 per
year for 2026, 2027, and 2028.
Street sweeping is funded through the City’s sanitation budget. Street sweeping
is a critical component of street maintenance, drainage best practices, and
environmental protection. By collecting and properly disposing of sediment,
leaves, chemicals and other debris that collect on our roadways, the City
prevents those items from entering the storm sewer system. This reduces
drainage problems, helps limit clogs, and prevents the items from ending up
polluting our water ways. Sanitation revenues are derived from several sources,
including property taxes, the sanitation fee on our utility bills, and various service
fees. The portion of the contract expenses related to state trunkline sweeping on
Apple Avenue and Seaway Drive are reimbursed by MDOT.
The City’s previous contract expired after last season. On February 16, 2026, staff
issued an invitation for bids for street sweeping services for 2026, 2027, and 2028.
Two sealed bids were received, and the costs are summarized in the bid
tabulation. Bids were submitted by Tri-Us Services, Inc. and SCA of MI, the same
two companies that submitted bids for the 2023-2025 contract.
Tri-Us Services, Inc. has been contracted by the City for over two decades to
perform street sweeping services. During that time, the company has
consistently performed high-quality work, met required deadlines, and
maintained strong communication with City staff. Their familiarity with the City’s
streets and operational needs has allowed them to efficiently complete
sweeping operations while working closely with City staff to address potential
Page 8 of 10
Page 52 of 265
issues and accommodate special sweeping requests.
SCA of MI submitted the lowest bid. Of note, the company's 2026 bid is
$173,120.44 per year lower than the company’s own 2023 bid. Due to this drastic
reduction in their bid amid fuel price increases, labor cost increases, and other
cost indicators, staff contacted two large, adjacent local government agencies
with prior experience working with SCA of MI as references. Based on those
discussions, along with the long-standing and reliable performance of Tri-Us
Services, Inc. in providing street sweeping services to the City, staff recommends
awarding the contract to Tri-Us Services, Inc. for the 2026-2028 contract
period. Notably, both of the references we contacted have since returned to
Tri-US for their street sweeping services.
The increased cost of the contract will be incorporated into the sanitation
budget for the upcoming fiscal year. It is estimated that an additional $78,000
will be required this fiscal year, and the sanitation budget will be adjusted
accordingly. During upcoming FY26-27 budget discussions, DPW and Finance
staff will work together to determine if a sanitation fee increase will be necessary
and bring a recommendation to the Commission later this spring if so.
STAFF RECOMMENDATION: Move to authorize staff to enter into a three-year
agreement with Tri-Us Services, Inc. to provide street sweeping services in the
amount of $450,645 per year for 2026, 2027, and 2028.
Motion by Vice Mayor Keener, second by Commissioner St.Clair, to authorize
staff to enter into a three-year agreement with Tri-Us Services, Inc. to provide
street sweeping services in the amount of $450,645 per year for 2026, 2027, and
2028.
ROLL VOTE: Ayes: Keener, Jackson, Kochin, St.Clair, and Johnson
Nays: Kilgo
MOTION PASSES
L. MDNR Natural Resources Trust Fund Grant Application
Resolution Manager's Office
The City is seeking to exercise the purchase option in the Sappi site PUD to
acquire (10) lakefront parcels at 2400 and 2850 Lakeshore Drive. The parcels
would be acquired through application to the MDNR Natural Resources Trust
Fund grant program. The property would be used as a new public parklet with
increased Muskegon Lake waterfront access at the end of the Lincoln Street
extension into the development.
The MDNR requires a resolution of support from the local unit of government to
be included as part of the application. Acquisition of the lakefront parcels will
secure public ownership and permanent public access to Muskegon Lake and
support long-term redevelopment consistent with adopted City plans.
Page 9 of 10
Page 53 of 265
The total estimated MNRTF-eligible project cost is $1,580,500, and the City
intends to request $1,106,300 in MNRTF assistance with a local match in the
amount of $474,200 from City funds, representing approximately 30% of the total
project cost.
STAFF RECOMMENDATION: To approve the Resolution of support as presented
and authorize the Mayor and Clerk to sign.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to approve the
Resolution of support as presented and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Jackson, Kochin, St.Clair, Johnson, Kilgo, and Keener
Nays: None
MOTION PASSES
ANY OTHER BUSINESS
Deputy City Manager LeighAnn Mikesell gave an update on the summer transit
conversation. She explained the changes with the proposal. This will be brought
back to Commission.
Commissioner St.Clair wanted to recognize the Muskegon High School Girls
Basketball Team as our Division 1 State Champion for the first time ever.
GENERAL PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 7:40 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
Page 10 of 10
Page 54 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Workforce Housing Restrictive Covenant -
Ryskamp Builders
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Dave Ryskamp is developing workforce housing targeted duplexes and accessory dwelling units in
the Jackson Hill Neighborhood and seeks a Workforce PILOT.
Detailed Summary & Background:
Dave Ryskamp has an approved site plan for 4 duplexes, each with rear yard Accessory Dwelling
Units (ADU's) on Adams Street in the Jackson Hill Neighborhood. He is targeting rents in the range
conducive 80-120% AMI for our community. The units will have an affordability period for 15 years,
and the Payment in Lieu of Taxes to the city as well as other taxing jurisdictions will be 10% of shelter
rents.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the Workforce Housing Restrictive Covenant between the City of Muskegon and
Ryskamp Properties 4 LLC as presented and authorize the Mayor and Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 82 of the General Code of Ordinances,
Head MSHDA Act (State Statute)
Information
Technology
Other Division Heads
Page 55 of 265
Communication
Legal Review
Page 56 of 265
WORKFORCE HOUSING RESTRICTIVE COVENANT
This Workforce Housing Restrictive Covenant (“Restrictive Covenant”) is made by and between
the City of Muskegon, Michigan (“Municipality”) and Ryskamp Properties 4, LLC, a Limited Liability
Company, presently of 1990 Aberdeen Street NE, Grand Rapids MI 49505 (the “Sponsor”) as of April 14th,
2026.
R E C I T A L S:
A. Sponsor is the owner of certain real property located in the City of Muskegon, County
of Muskegon, State of Michigan, and more particularly described on the attached Exhibit A (the
“Property”), which is attached hereto and incorporated by reference into this Agreement.
B. Sponsor has offered to provide twelve “Workforce housing” units as defined by MCL
125.1415a(10)(d) on the Property (the “Project”) and has applied to Municipality for a workforce housing
exemption from ad valorem property taxes under Section 15a of the State Housing Development Authority
Act, being Public Act 346 of 1966, as amended (the “Act”).
C. In consideration of Sponsor’s offer to undertake the Project, Municipality has agreed to
exempt the Property from all ad valorem property taxes imposed by any taxing jurisdiction and to accept
in lieu thereof payment of an annual service charge for a period of 15-years as provided by Chapter 82 of
the City Code of Ordinances, as amended (the “Ordinance”).
D. Upon completion of the Project, the annual service charge paid in lieu of all ad valorem
property taxes shall be equal to ten percent (10%) of the annual shelter rents collected from the Project and
shall be paid as provided in the Ordinance.
E. Sponsor and Municipality agree that the economic feasibility of the Project depends upon
the continuing effect of the annual service charge in lieu of all ad valorem taxes approved by Municipality
for the 15-year exemption period.
F. Accordingly, upon recording with the Muskegon County Register of Deeds, this Restrictive
Covenant will restrict use of the Property to Workforce housing for the 15-year exemption period.
NOW, THEREFORE, in consideration of Municipality’s acceptance of payment of the annual
service charge in lieu of all ad valorem property taxes and Sponsor’s commitment to construct or rehabilitate
the Project, Sponsor and Municipality hereby covenant as follows:
1. Recitals. The above recitals are acknowledged as true and correct and are incorporated by
reference into this paragraph.
1
Page 57 of 265
2. Definitions. All words and phrases used in this Restrictive Covenant have the same
meaning as defined in the Act or the Ordinance.
3. Workforce Housing Covenant. The Project will, upon completion of the proposed
construction or rehabilitation, constitute workforce housing for households for persons and families whose
household income is not greater than 120% of the area median income, as published by the Michigan State
Housing Development Authority (“the Authority) for Muskegon County, adjusted for family size. All of
the housing units in the Project will be rented, or available for rental, on a continuous basis to members of
the general public throughout the term of this Restrictive Covenant.
4. Term of Exemption. The exemption from ad valorem property taxes approved by
Municipality shall remain in effect in accordance with this Restrictive Covenant restricting use of the Project
to workforce housing for a period of 15-years, ending on December 31, 2041, or so long as the Project is
used as workforce housing, whichever is less.
5. No Violation. Sponsor agrees that it will not knowingly take or permit any action that
would result in a violation of the requirements of this Restrictive Covenant or the Ordinance, which is
incorporated herein as if a part of this Restrictive Covenant. Further, Sponsor agrees to take any required
action, including the amendment of this Restrictive Covenant, as may be necessary, in the determination of
the Municipality or of the Authority, to comply with the Ordinance. If Municipality determines that the
Project is not in compliance with the requirements of this Restrictive Covenant, and Sponsor, after receiving
written notice of the non-compliance from Municipality, does not correct such non-compliance within thirty
(30) days, Municipality shall be entitled to take such actions as it deems necessary to enforce the provisions
of this Restrictive Covenant.
6. Sponsor to Demonstrate Compliance. Sponsor will provide Municipality with such
certifications, reports and other information as are required by Municipality to demonstrate compliance
with the Ordinance. Sponsor will provide Municipality and Authority with an annual verification of
compliance with this Restrictive Covenant, in a form specified by the Authority.
7. Transfer of Ownership. Sponsor will, prior to a sale or other voluntary transfer of
ownership of the Project or any part thereof, notify Municipality in writing, and will enter into any
agreements with the purchaser or transferee as may be prescribed by Municipality to ensure such purchaser's
or transferee's compliance with this Restrictive Covenant and Michigan law.
8. Enforceability. This Restrictive Covenant is enforceable in any court in the State of
Michigan having jurisdiction thereof, by Municipality, and to the extent required by the Ordinance, by any
individuals who are tenants of the Project.
9. Covenant Running with the Land; Binding Effect. The foregoing covenant shall
constitute and be enforced as a covenant running with the land under Michigan law and shall be binding on
all successors or assigns of Sponsor or Municipality and any future owner or operator of the Project for the
full 15-year exemption period.
10. Miscellaneous. In the event of any conflict between the terms of this Restrictive Covenant
and the requirements of the Ordinance the requirements of the Ordinance shall prevail. This Restrictive
Covenant may only be amended or terminated by a writing signed by both Sponsor and Municipality. The
invalidity of any clause or provision of this Restrictive Covenant shall not affect the validity of the
remaining portions thereof.
2
Page 58 of 265
IN WITNESS WHEREOF, is this Covenant is effective as of January 27th, 2026.
[Signature Pages Follow]
3
Page 59 of 265
CITY OF MUSKEGON
By: ________________________________________
Its: ________________________________________
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this day of April 14th, 2026 by Kenneth
Johnson, as Mayor of the City of Muskegon, a municipal corporation of the State of Michigan.
Notary Public, ________________County, MI
My Commission Expires:
Acting in _________________ County, MI
4
Page 60 of 265
SPONSOR
Ryskamp Properties 4, LLC
By: _____________________________________
Its:
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this ____ day of __________, by
______________________, as the manager/authorized member of the aforementioned Sponsor.
Notary Public, __________County, MI
My Commission Expires:
Acting in ________________County, MI
DRAFTED BY:
WHEN RECORDED RETURN TO:
5
Page 61 of 265
EXHIBIT A
Legal Description of Property
595 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
W 60 FT OF E 66 FT LOT 11 BLK 49
617 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
N 1/2 LOT 7
ALSO E 40 FT OF LOT 8
BLK 49
594 ORCHARD AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
E 66 FT LOT 16 BLK 49
EXC S 2 RODS
6
Page 62 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Resolution for Workforce Housing Tax
Exemption - Ryskamp Builders
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Dave Ryskamp is developing workforce housing targeted duplexes and accessory dwelling units in
the Jackson Hill Neighborhood and seeks a Workforce PILOT.
Detailed Summary & Background:
Dave Ryskamp has an approved site plan for 4 duplexes, each with rear yard Accessory Dwelling
Units (ADU's) on Adams Street in the Jackson Hill Neighborhood. He is targeting rents in the range
conducive 80-120% AMI for our community. The units will have an affordability period for 15 years,
and the Payment in Lieu of Taxes to the city as well as other taxing jurisdictions will be 10% of shelter
rents.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
Motion to approve the Resolution for Housing Tax Exemption for Ryskamp Properties 4 LLC as
presented and authorize the Mayor and clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 82 of the General Code of Ordinances,
Head MSHDA Act (State Statute)
Information
Technology
Other Division Heads
Page 63 of 265
Communication
Legal Review
Page 64 of 265
Resolution Setting Annual Service Fee
for the Workforce Housing Development
by Ryskamp Properties 4, LLC
Whereas, Ryskamp Properties 4, LLC (the “Sponsor”), has applied to the City of Muskegon
for a determination that a proposed workforce housing project sponsored by it at
various properties represented on Exhibit A is entitled to the exemption from taxes
authorized by Chapter 82 of the City of Muskegon Code of Ordinances; now
therefore, be it
Resolved, that the proposed workforce housing project is within the class of housing
developments entitled to an exemption under Chapter 82, if it meets the following
contingencies:
a. Sponsor shall provide documentation to the City substantiating ownership
of the subject properties.
b. Construction of at least 12 units of the proposed workforce housing project
shall be commenced within twelve (12) months from the date of the
Michigan State Housing Development Authority’s (“MSHDA”)
notification of exemption, or this resolution shall be void and of no effect.
c. For the life of this Workforce Housing Resolution, 100% of the dwelling
units in the proposed workforce housing project will be restricted to rental
units or other housing options that are reasonably affordable to, and
occupied by, a household whose total household income is not greater than
120% of the area median income published by the Michigan Statewide
Housing Development Authority.
d. The Sponsor shall submit an affidavit to MSHDA in the form required by
MSHDA for certification that the workforce housing project is eligible for
the workforce housing exemption.
e. Upon receipt of notification from MSHDA that the workforce housing
project is eligible for a workforce housing exemption, the Sponsor shall file
the certified notification of exemption with the City Assessor before
November 1 of the year preceding the tax year in which the exemption is to
be effective; and,
f. Sponsor shall record a restrictive covenant in a form acceptable to the City
Attorney. The restrictive covenant shall be recorded in the register of deeds
for the county in which the workforce housing project is located and shall
comply with the requirements of Chapter 82; and, further be it
Resolved, that in lieu of ad valorem property taxes, the Sponsor shall pay an annual service
charge equal to ten percent (10%) of the “Annual Shelter Rents” as defined in
Section 82-52 for that portion of the workforce housing project occupied for
Workforce Housing; and, further be it
Page 65 of 265
Resolved, that annually, no later than April 29, the Sponsor shall provide the City Assessor
the Sponsor’s budget for Annual Shelter Rent for the current calendar year and a
copy of Sponsor’s financial statements for the preceding calendar year, prepared in
accordance with generally accepted auditing standards or, if Sponsor is not subject
to an audit requirement, Sponsor’s compiled financial statements for the preceding
calendar year prepared in accordance with generally accepted accounting principles
and certified by Sponsor; and, further be it
Resolved, that the tax exempt status granted by this Resolution shall remain in effect for 15
years, unless otherwise terminated pursuant to Chapter 82 or this Resolution; and,
further be it
Resolved, that all portions of Chapter 82 are hereby incorporated by reference; and, further be
it
Resolved, that this Resolution may be assigned by the Sponsor only to subsequent owners of
the workforce housing project who shall agree to abide to its terms. If not assigned,
to and accepted by subsequent owners of the workforce housing project, it shall
automatically terminate; and further be it
Resolved, that the Mayor and City Clerk execute a contract with the Sponsor providing the
tax exemption and acceptance of payments in lieu of taxes as defined within this
resolution and its application, such contract subject to approval as to substance by
the City Manager and as to form by the City Attorney.
YEAS: _______
NAYS: _______
I hereby certify that the above Resolution was adopted
by the City Commission of the City of Muskegon at its
regular meeting held on ________, in the Commission
Chambers, City Hall, 933 Terrace, Muskegon, Michigan.
Ann Meisch, City Clerk
Page 66 of 265
EXHIBIT A
Page 67 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Resolution to approve the NEZ District at
1937 Lakeshore Drive.
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 147 of 1992, as amended, the City of Muskegon has received a request to
establish a Neighborhood Enterprise Zone (NEZ) district for the property located at 1937 Lakeshore
Drive (the old Harbor Theater).
Detailed Summary & Background:
The proposed NEZ district would support the development of residential condominium units at this
location. If established, eligible property owners within the district would be able to apply for NEZ
certificates, which provide a reduction in property taxes on newly constructed or rehabilitated
residential housing. Only the residential portion of the proposed condominium development would
be eligible for NEZ benefits.
This property, commonly referred to as the old Harbor Theater, may be familiar to the Commission, as
it has been the subject of several prior actions. The Commission has previously considered and
approved the revocation of the former OPRA certificate, established a Commercial Redevelopment
District, and approved associated tax abatements, all of which included a few required public
hearings.The proposed NEZ district represents the next and final step to support the residential portion
of the redevelopment project. While no additional actions are required at this time for the NEZ district,
the project may return to the Commission in the future for consideration of additional incentives,
including a potential transition of the tax abatement structure from the Commercial Redevelopment
Act to OPRA, as well as a Brownfield Plan.
In accordance with state requirements, notice of the proposed NEZ district was mailed to all affected
taxing jurisdictions on January 28, 2025, and a public hearing was held on March 10, 2026. State law
also requires that a resolution establishing an NEZ district not be adopted until at least 60 days after
notice has been issued.
The proposed resolution to establish the NEZ district at 1937 Lakeshore Drive is now being presented
for City Commission consideration. State law allows up to 15% of a local government’s total land area
to be designated as NEZ districts. The City of Muskegon currently utilizes 13.34% of its allowable NEZ
designation, and the addition of this district would remain within the statutory limit.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Page 68 of 265
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to approve the resolution establishing the Neighborhood Enterprise Zone district at 1937
Lakeshore Drive, as presented.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division PA 147 of 1992, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 69 of 265
Page 70 of 265
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, Lakeside Development Properties LLC, c/o Randers Engineering and
Construction, has requested the creation of a new Neighborhood Enterprise Zone district at a
new location within the City, and;
WHEREAS, notices were sent to the local taxing jurisdictions on January 28, 2026, and;
WHEREAS, a public hearing was held regarding the creation of this new district March 10,
2026; and
WHEREAS, the new district boundaries will include the property known as 1937 Lakeshore Dr.
(1937 Lakeshore Dr., property # 61-24-205-627-0002-00),” as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 14 day of April, 2026.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 71 of 265
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on April 14, 2026.
By: ________________________
Ann Meisch
City Clerk
Page 72 of 265
Attachment A
Page 73 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Contract Award: Hartshorn Marina Dredging
Submitted by: Joel Brookens, Engineer, Kyle Department: DPW- Marina
Karczewski, Parks and Recreation Director
Brief Summary:
Staff requests authorization to enter into a contract with Civil Construction Solutions LLC in the
amount of $427,240.48 for the dredging of Hartshorn Marina.
Detailed Summary & Background:
Hartshorn Marina was last dredged in approximately 2020, and recent seasons have suffered from
sediment settling in the entrance to the marina and are making it difficult for some slips to host boats
of the size they were designed for due to shallow waters. Staff solicited bids for dredging via an RFP
issued February 20, 2026 and an addendum issued March 9, 2026. The bids were as follows:
Civil Construction Solutions, LLC $427,240.48
The King Co., Inc. $519,042.88
Tucker Marine Construction $597,296.00
Sediment Removal Services $784,938.00
The bids came in higher than anticipated, however the marina fund's unrestricted net position -
thanks to previous investments from the general fund - is able to spend down fund balance to cover
the cost. The work will happen later in the fall to avoid the 2026 boating season. The expenditure will
be included in the FY26-27 budget presented to the Commission later this spring, if approved.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved access to waterways
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$427,240.48 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
594-597 (Marina) Yes X No N/A
Recommended Motion:
Page 74 of 265
Move to authorize staff to enter a contract with Civil Construction Solutions LLC in the amount of
$427,240.48 for the dredging of Hartshorn Marina.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Purchasing Policy
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 75 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: City Commission Handbook
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is requesting approval of the new commission handbook and the associated policies.
Detailed Summary & Background:
Staff has gathered various rules, procedures, and policies that apply to the commissioners to develop
a handbook that can easily be referenced. Some changes have been made to the information
gathered to better match current practices or make common sense adjustments. A new
attendance policy has been included based on the work of the committee established to set that
policy. Travel costs have been updated, and spending limits have been modified in the purchasing
policy. Additional revisions have been made after discussion and direction given at the February
Legislative Policy Committee meeting.
Staff recommends this handbook be reviewed annually to ensure commissioners are aware of the
policies included.
Goal/Action Item:
Administrative Action
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
revisions made per direction given at LPC meeting
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
to approve the City Commission Handbook as presented
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Page 76 of 265
Technology
Other Division Heads
Communication
Legal Review X
Page 77 of 265
CITY COMMISSION
HANDBOOK
DATE: NOVEMBER 5, 2025
Page 78 of 265
INTRODUCTION
PURPOSE/OVERVIEW:
This Handbook provides general information about the City Commission’s policies,
procedures, expectations, and benefits for all city commissioners.
The City Commission of Muskegon maintains this handbook with the objectives of:
• Providing clear information to all commissioners
• Ensuring compliance with the commission’s policies, procedures, and expectations
GOALS:
The mutual success of everyone depends on each commissioner’s commitment as a team
member to do the best job possible.
OPERATIONAL GUIDELINES:
Each commissioner should review the contents carefully and keep the handbook for future
reference. The City Commission Handbook is not a contract and does not provide any
specific rights or benefits.
AMENDMENTS:
The City Commission reserves the right to alter, add, modify, amend, change, and/or
terminate any or all of the information contained in this Handbook at any time. Further, no
City Commissioner or employee has the authority to make any agreement that is contrary
to the provisions of this Handbook. Amendments to individual policies within the
Handbook must be approved by the City Commission.
CONTACTS:
For assistance with the City Commission Handbook, please contact Ann Meisch, City Clerk
at 231-724-6721. Commented [LM1]: New
Page 79 of 265
CONTENTS Commented [LM2]: Add info on what this is, how
changes are made per policy not for whole handbook,
etc.
RULES Commented [LM3R2]: See above
A. Regular & Special Meetings
B. Meeting Procedures
C. Closed Meetings
D. Voting & Discussion
E. Citizen Participation
F. Virtual Public Participation
G. Agenda
H. Consent Agenda
I. Recording of Commission Meeting
J. Miscellaneous
K. Committee Assignments
L. City Manager Evaluation Process
M. Items Requiring City Commission Approval
N. Attendance
O. Travel
P. Political Signs on City Owned Property
Q. Proclamations
GUIDELINES FOR CONDUCT
A. Public Relations
B. City Commission Relations with City Staff
C. City Commission Relations with Appointed City Commissions and Committees &
Commission Member Representation to other Agencies and Groups
D. Code of Ethics
E. Computer Usage
F. Social Media Use
G. Communications
H. Commission Appointment Interview Questions
I. Potential Candidate Considerations
CITY POLICY INFORMATION
A. Purchasing Policy
B. Emergency Procedures
ACRONYMS
Page 80 of 265
RULES OF THE CITY COMMISSION
A. REGULAR AND SPECIAL MEETINGS:
1. REGULAR MEETINGS
Regular meetings of the City Commission will be held on the second and fourth Tuesday
of each month beginning at 5:30 p.m., local prevailing time, at the City Hall, 933 Terrace
Street, Muskegon. Regular meetings may be rescheduled to other times by a vote of the
Commission.
2. LEGISLATIVE POLICY COMMITTEE MEETINGS
Legislative Policy meetings will be held on the fourth Wednesday of February, May, August,
and November beginning at 5:30 p.m., local prevailing time, at the City Hall, 933 Terrace
Street, Muskegon. Legislative Policy meetings may be rescheduled to other times by a vote
of the Commission.
2.3. SPECIAL MEETINGS
A special meeting may be called by the mayor or any of two (2) or more members-of
Commission and upon at least eighteen (18) hours-notice to each member.
3.4. BUSINESS AT SPECIAL MEETINGS
No business shall be transacted at any special meeting of the Commission unless the same
has been stated in the required notice of such meeting.
4.5. WORK SESSION MEETINGS
The Work Session meetings will be held on the Monday preceding the second Tuesday
of each month at 5:30 p.m. in City Hall, 933 Terrace Street.
5.6. REGULAR AND SPECIAL MEETING NOTICE (POSTING) REQUIREMENTS.
a. For regular meetings of the Commission, the Clerk shall post at the City Hall, within
three (3) days after the first meeting of the Commission in each calendar year, a public
notice stating the dates, times, and places of its regular meeting for the year.
b. For a rescheduled regular, Legislative Policy, or a special meeting, of the Commission,
a public notice stating the date, time, place and reason of the meeting shall be posted
in City Hall at least 18 hours before the meeting.
c. However, such notice, as described in 5a 6a and b above, is not required for a meeting
of the Commission in emergency session in the event of a widespread natural disaster
or a severe and imminent threat to the health, safety or welfare of the public when
two-thirds of the members of the Commission determine that delay would be
detrimental to the city’s efforts in responding to the threat.
d. Upon written request, the Clerk shall provide a copy of such notices of meetings to any
newspaper published in the City of Muskegon and to any radio and television station
located in Muskegon County free of charge.
Commented [AM4]: Language was updated
removing payment to mail agendas because they are
6.7. SHARING OF MEETING AGENDAS AND PACKETS
available online.
Page 81 of 265
City Clerk shall upload every regular City Commission meeting packet to the city’s website
at least 84 hours prior to the start of the meeting.
7.8. MINUTES OF REGULAR AND SPECIAL MEETINGS
a. A journal of the proceedings of each regular, Legislative Policy, and special meeting
will be kept in the English language by the Clerk and shall be signed by the City Clerk,
upon approval of Commission.
b. Unapproved minutes of regular or special meetings will be available for public
inspection not more than eight business days after such meeting.
c. Approved minutes will be available for public inspection not later than five business
days after the meeting at which the minutes were approved.
B. MEETING PROCEDURES:
1. MEETINGS TO BE PUBLIC
All regular, Legislative Policy, and special meetings of the City Commission shall be open
to the public and citizens shall have a reasonable opportunity to be heard under such
rules and regulations as the Commission may prescribe.
2. ORDER OF BUSINESS Commented [LM5]: Updated to match our current
An agenda for each Regular Commission meeting shall be prepared by the City Manager in agenda format
conjunction with the City Clerk in accordance with the following order of business:
a. Call Meeting to Order/Welcome
b. Prayer Commented [LM6]: Potentially change to
c. Pledge of Allegiance invocation – ad hoc group to discuss and develop
d. Roll Call
e. Honors, Awards, and Presentations
f. Public Hearings
g. Federal/State/County Officials Update
h. Public Comment on Agenda Items
i. Consent Agenda
j. Unfinished Business
k. New Business
l. Any Other Business
m. General Public Comment
n. Closed Session
o. Adjournment
3. QUORUM
Four (4) members of the Commission in office at the time shall be a quorum for the
transaction of business.
4. PRESIDING OFFICER
The presiding officer shall be responsible for enforcing the Rules of the City Commission,
contained herein, as well as the Code of Conduct. The mayor shall be the presiding officer of
the Commission. In the absence of or disability of the mayor, the vice-mayor shall be the
presiding Officer of the Commission. In the absence or disability of both, the Commission
may designate another of its members to serve as presiding officer during such absence
Page 82 of 265
or disability.
C. CLOSED MEETINGS:
1. PURPOSE
The City Commission may only meet in closed session for purposes defined in the Michigan
Open meetings Act as follows:
a. To consider the dismissal, suspension, or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member, or individual agent,
when the named person requests a closed hearing.
b. For strategy and negotiation sessions connected with the negotiation of a collective
bargaining agreement or related issues when either negotiating party requests a
closed herein
c. To consider the purchase or lease of real property up to the time an option to purchase
or lease that real property is obtained. This does not include the sale, lease or other
conveyance of city property to others.
d. To consult with its attorney regarding trial or settlement strategy in connection with
specific pending litigation, but only when an open meeting would have a detrimental
financial effect on the litigating or settlement position of the Commission.
e. To review the specific contents of an application for employment or appointment to a
public office when the candidate requests that the application remain confidential. All
interviews by a public body for employment or appointment to a public office shall be
held in an open meeting pursuant to this act.
f. To consider material exempt from discussion or disclosure by state or federal statute.
2. CALLING CLOSED SESSIONS:
A two-thirds roll call vote of the Commission members elected and serving shall be
required, except under Sections (a) and (b) above. The roll call vote shall be taken at an
open meeting and the purpose for calling the closed session shall be entered into the
minutes of the meeting at which the vote is taken.
3. MINUTES OF CLOSED MEETINGS
A separate set of minutes shall be taken by the Clerk or the designated Secretary at the
closed session. These minutes will be retained by the Clerk of the Commission, shall not
be available to the public, and shall be disclosed if required by a civil action. These minutes
shall be kept for a period of one year and one day from the date of the closed meeting.
4. CONFIDENTIALITY OF CLOSED MEETING INFORMATION
A City Commission member shall not divulge to an unauthorized person confidential
information discussed in an executive session in advance of the time prescribed for ifs
authorized release to the public by the City Commission. Commission members shall
honor the confidentiality of the debate, discussion, and preliminary action taken in
executive session, and be aware of the potential financial liability and/or harm to the
reputation of the city by premature disclosure.
Page 83 of 265
D. VOTING AND DISCUSSION:
1. ROLL CALL
In all call votes, the names of the members of the Commission shall be called. A vote upon
all ordinance enactments, rezoning issues, and liquor license requests shall be taken by
a roll call vote and entered upon the records.
2. RESULTS OF VOTING
In all cases where a vote is taken, the Chair or Clerk shall declare the result.
3. DUTY TO VOTE
Whenever a question is put before the Chair, every member shall vote, provided however,
that no member shall be required to vote if:
a. That member shall have a conflict of interest and shall state his/her conflict of interest,
or
b. That member shall state that he/she has inadequate information upon which to base a
reasonably informed vote and shall state the particulars of the information desired
before a reasonable informed vote can be cast.
Absence from a prior meeting shall not constitute the basis of the lack of information
referred to above
If a member is precluded from voting pursuant to a conflict of interest, that member shall
refrain from participating in the discussion on the issue.
4. CONDUCT OF DISCUSSION Commented [LM7]: Slight change in the way a vote
The maker of the motion shall speak first, and the supporter of the motion shall speak is handled when the question is called – roll call rather
second. During Commission discussion and debate, no member shall speak until than show of hands
recognized for the purpose by the Chair. After such recognition the member shall confine
discussion to the question at hand. Personal comments about other individuals should be
avoided. When addressing other members of the Commission they should be addressed
by title and/or last name but not by first name. No member should request to speak a
second time on a motion as long as another is requesting recognition to speak for a first
time. After every member of the Commission has had the opportunity to speak on an item
for the first time, the mayor may ask if any member of the Commission would like to make
a motion to call the question. If a motion is made and seconded, debate shall stop
immediately and the mayor will take a vote on the motion to call the question by a roll call
vote; if 2/3 of the present Commissioners agree to end the debate, the Clerk shall
immediately take a roll call vote on the underlying motion. If the motion to call the
question fails to garner the support of 2/3 of the present Commissioners, debate will
continue; once every member has had an opportunity to speak on the item for a second
time, the mayor may ask if any member of the Commission would like to make a motion
to call the question, and the process described above will repeat itself.
5. COMMISSION MEMBER REQUESTS FOR POSTPONEMENTS
Requests for postponements on agenda items from members of Commission requires
approval by a majority of Commission present.
6. RULES OF PARLIAMENTARY PROCEDURE
Page 84 of 265
The rules of parliamentary practice as contained in Robert's Rules of Order, most recent
edition, shall govern the Commission in all cases to which they are applicable, provided
they are not in conflict with these Rules or with the Ordinances and Charter of the City of
Muskegon.
7. RECONSIDERATION OF MOTIONS
When a question has been decided, it shall be in order for any Commission member who
voted on the prevailing side of the question to move the reconsideration at the same
meeting or at the next regularly scheduled meeting provided no action has been taken as
a result of the previous vote.
8. GENERAL CONSENSUS
General consent or consensus may be used to give direction and the minutes should
indicate that a majority consented.
E. CITIZEN PARTICIPATION:
1. GENERAL
Each Commission meeting agenda shall provide for reserve time for audience
participation, as requested,
2. REQUESTS TO SPEAK, LENGTH OF PRESENTATION - PUBLIC HEARINGS AND
PARTICIPATION Commented [AM8]: As approved previously, group
Members of the public at the meeting shall not speak unless recognized by the chair. speaking for 10 minutes was removed.
Members of the public shall be limited to speaking for a maximum of three (3) minutes
during any public hearing or public comment.
3. PERSONS ADDRESSING THE COMMISSION Commented [LM9]: Included reference to the
Prior to addressing Commission, members of the public shall complete the public participation form and a requirement that the
comment form including their name and address and submit the form to the Clerk. Once member of the public must first be recognized by the
recognized by the chair, members of the public step up to the microphone/podium. The chair before going to the podium
Commission may in its discretion limit public comments to new information or matters
not fully addressed at any previous meeting regarding the agenda item at issue.
4. REQUESTS TO SPEAK ON AN AGENDA ITEM Commented [AM10]: As approved by Commission,
Prior to the start of the meeting, any member of the public may submit a written request added comment on agenda items and second
form to the City Clerk requesting to speak on an agenda item. All written requests will comment period on general items
be honored under either the Item H – Public Comment on Agenda Items or M – General Commented [LM11R10]: Fix reference, any public
Public Comment. All comments shall be directed to the chair; Commissioners shall not participation related to agenda items are handled at
engage in dialogue, debate, or negotiation with commenters. the beginning
5. REQUESTS TO SPEAK DURING PUBLIC PARTICIPATION.
a. Any person who wishes to speak on a subject not on the printed agenda may speak
at this time. All rules of conduct still apply.
b. Candidates or any person(s) working for a candidate shall not be allowed to use
public participation time for campaigning.
6. DISORDERLY CONDUCT AT MEETINGS.
Persons addressing the Commission shall make responsible comments and shall refrain
Page 85 of 265
from making personal, impertinent, slanderous or profane remarksconduct that disrupts,
delays, or interferes with the orderly conduct of the meeting. The Chairperson may call to
order any person who is being disorderly by (i) speaking when not recognized by the
chair; (ii) or otherwise disrupting the proceeding by failing to be germane, ; (iii) by
speaking longer than the allotted time, ; or (iv) by speaking vulgaritiesengaging in Commented [LM12]: Check with attorney – can
unprotected speech, including, but not limited to, true threats, fighting words, or legally chair stop the person if they are speaking vulgarities?
obscene material. Such persons shall thereupon be seated until the Chair shall have
Commented [LM13R12]: Requested direction from
determined whether the person is in order. If a person so engaged in presentation shall be attorney 3-12-26
called out of order, he or she shall not be permitted to speak at the same meeting, except
upon special leave by the Commission. If the person shall continue to be disorderly and Commented [LM14R12]: Obscenity is not
disrupt the meeting, the chair may order the Police Department to remove the person protected speech so yes, the chair could stop the
from the meeting. person. We need to be cautious in applying.
F. VIRTUAL CITIZEN PARTICIPATION: Commented [AM15]: This is a new addition agreed
to by Commission.
1. GENERAL
A staff member of the City Clerk’s Office will be at all meetings requiring virtual participation
unless staff indicates they do not need assistance.
2. LIVE MEETINGS
For live meetings broadcast on television and/or streamed on social media, a telephone
number will be assigned to give the ability for the public to call in and provide three minutes
of comment.
3. ALL OTHER MEETINGS Commented [LM16]: Updated to reflect changes
For all other meetings subject to the Open Meetings Act, a citizen must send a request to the after COVID pandemic, specifically that the request to
City Clerk’s Office at least two business days in advance of the meeting. Request for virtual participate virtually is only granted for ADA
participation will be granted for meetings not broadcast on television and/or streamed on accommodation or for active-duty military personnel.
social media.only be granted in the case of ADA accommodation or active-duty military
personnel. The City Clerk will provide a zoom link to each individual who requests it. Those Commented [LM17R16]: Needs to be modified.
participating by zoom will be muted until the public comment period. Information detailing Requests can be made even if not an ADA
how a request can be made will be placed on the city’s website, meeting notice, and social accommodation.
media.
Commented [LM18R16]: Ann, please update.
G. AGENDA Commented [AM19R16]: I did. Please review to
make sure it makes sense to you?
1. PREPARATION
The City Manager and City Clerk shall prepare an agenda for each regular, Legislative Commented [AM20R16]:
Policy Committee, or special meeting of the City Commission. The deadline for submitting
Commented [LM21]: Include section on LPC agenda
items for Commission agenda is 4:00 pm on the Monday eight days prior to the packets, publish as we do for regular meetings
Commission meeting. Agenda items from Commission members should be submitted in
writing by this same time to the City Manager. The deadline for submitting items for the LPC Commented [LM22]: requests from mayor are
meeting is 4:00 pm on the Tuesday eight days prior to the LPC meeting. Items submitted by the included, requests from other members require 3
Mayor will be included upon request, and items submitted by any other Commissioner will commissioners in total to support the additional item
require at least 2 additional Commissioners to support the addition of the item. Requested items
will appear on a meeting agenda within three meetings after the request is made as long
as all necessary documents are included. Commented [LM23]: added allowance for changes
to the schedule for holidays and extenuating
2. DISTRIBUTION circumstances
Agendas, ordinances and all related background material will be delivered to City
Page 86 of 265
Commission members, via email, the Tuesday before the scheduled regular meeting, the
Thursday before the Legislative Policy meeting, or at least 12 18 hours before a Commented [LM24]: 18
scheduled special meeting. Agendas will be made available to the public on the
Wednesday before the scheduled regular meeting and the Thursday before the
Legislative Policy meeting. Adjustments in this schedule are allowed due to holidays or
extenuating circumstances which must be disclosed when schedules are modified.
3. AGENDA MATERIAL Commented [LM25]: former rules required a
Department Heads, staff, and City Commissioners shall submit written requests for different time frame for presentation materials.
inclusion on the agenda to the City Clerk with a cover sheet and necessary supporting
documents. Presentations shall be submitted by noon on the Monday eight days prior to
the Commission meeting for circulation with agendas. Agenda requests could be delayed
to a later meeting if related information is not received by the City Clerk in a timely
manner.
H. CONSENT AGENDA:
1. PURPOSE.
Consent agenda will be used to allow the City Commission to act on many items at one time.
2. AGENDA ITEMS.
A consent agenda will be developed by the City Clerk and/or City Manager prior to the
regular meeting items. Any action items not requiring a formal public hearing may be
included in the Consent Agenda. Any member of the Commission may request that an item
be removed from the consent agenda and placed on the regular agenda for discussion.
I. RECORDING OF COMMISSION MEETINGS:
1. MEETINGS MAY BE RECORDED Commented [LM26]: Removed requirement to
All regular or special meetings of the City Commission may be recorded through the use of give each commissioner an audio copy
audio/visual electronic devices. Such recordings will be under the control and supervision
of the City Clerk.
2. RETENTION OF RECORDS Commented [LM27]: Removed 2 year requirement
Any recordings from Commission meetings may will be retained by the City Clerk until the for work session meeting recordings
meeting minutes are approvedin perpetuity.
Commented [LM28R27]: Keep all in perpetuity.
J. MISCELLANEOUS:
1. AMENDMENTS TO RULES
The rules of the City Commission may be altered or amended by a majority vote of two-
thirds of the entire Commission.
2. SUSPENSION OF RULES
The rules of the City Commission may be suspended for good cause for a specified portion of
a meeting by a two-thirds majority of the entire Commission.
3. CONTROLLING AUTHORITY
These rules shall control, unless preempted by City Charter, State laws or the Court.
Page 87 of 265
4. REVIEW OF CONSULTANTS
City Commission shall make an annual internal evaluation of consultants at the time of
review of the city budget to determine if the services being provided are satisfactory and if
judged to be inappropriate, will move to proceed with establishing a more formal review
process.
5. RESOLUTIONS OF RECOGNITION Commented [LM29]: Updated to reflect current
Written requests for resolutions shall be submitted to the City Clerk with necessary process of approving at commission meetings, not
supporting data for inclusion on the agenda. The deadline for submitting items for CRC meetings
Commission agenda is noon on the Monday preceding the week of the Commission
meeting. Resolutions will be acted on at regular Commission meetings, and the mayor will
sign resolutions voted on and approved. The mayor has authority to sign any other
resolutions.
K. COMMITTEE ASSIGNMENTS:
1. ASSIGNMENTS
The mayor may assign Commission members to any committee as is deemed necessary, with
approval of the City Commission.
2. RESPONSIBILITIES
Commission member's responsibilities as committee members will be generally limited
to policy and not the administration of a department or appointed organization.
L. CITY MANAGER EVALUATION PROCESS:
The City Manager will be evaluated by the members of the City Commission before July 1st each
year. Forms and materials will be sent out by the City Clerk and all completed forms will be
returned to the City Clerk for compiling. A report will be generated by the City Clerk with the
results of the evaluations. A meeting with the City Manager and City Commissioners will be
scheduled to review the evaluations.
M. ITEMS REQUIRING CITY COMMISSION APPROVAL:
The City Commission authorizes the City Clerk, City Manager, and Division/Department Heads
to exercise discretion when determining which items require formal City Commission
approval and must be included on a City Commission Agenda. Regardless of such discretion,
the following items must be presented to the City Commission for formal action:
1. All items in which City Charter, State, or Federal rules/regulations require
legislative body approval.
2. The annual operating budget and amendments thereto.
3. All formal City Commission policies and procedures and amendments thereto.
4. All Ordinances and amendments thereto.
Page 88 of 265
5. All purchases over $25,000 for which an appropriation has been not previously
established as part of the adopted or amended annual budget.
6. The purchase or sale of real property.
7. Borrowing of funds.
8. All formal agreements between the c ity and another party that extend beyond one
year in duration or result in expenses to the city in excess of $25,000 annually.
N. ATTENDANCE: Commented [LM30]: Original policy from 1984
1. GENERAL
Election to the City Commission is a privilege freely sought by the nominee. It carries with it
the responsibility to participate in commission activities and represent the citizens of the city.
Attendance at commission meetings is critical to fulfilling this responsibility.
2. COMMISSION MEETINGS
a. Each commissioner is expected to inform the City Manager, and City Clerk, or Mayor Commented [LM31]: or
by email, text, or phone if they are unable to attend a regular commission meeting. The
Commented [LM32]: Add or mayor
mayor may excuse absences for cause and may announce the reason for the absence.
Commented [LM33]: Original requires notification
b. If a commissioner has more than three consecutive absences for regular commission by phone
meetings, the Commission, at the motion of any Commissioner, may pass a resolution
of reprimand. Commented [LM34R33]: Mayor may announce at
the meeting the reason for the absence.
c. If the Commissioner’s absences continue for more than three additional consecutive Commented [LM35]: Original allows City Manager
regular meetings of the Commission, the Commission, at the motion of any to send a letter to a commissioner whose attendance
Commissioner, may enact a resolution of censure or request the commissioner’s is unsatisfactory. We felt this responsibility should lie
resignation or both. with the commission.
3. COMMITTEE ASSIGNMENTS
City Commission Committees are intended to enhance communication between City Commented [LM36]: In the original policy, the City
Manager would add it to a commission agenda at a
Commission and City Management at early phases of development of significant items
regular meeting.
affecting public policy. As such, Committee participation is a fundamental duty of City
Commissioners.
a. A Commissioner unable to attend a committee meeting must inform the chair by email,
text, or phone. Commented [LM37]: Original requires notification
by phone.
b. The chair may, when deemed appropriate, send a letter to the mayor to report lack of
attendance of the assigned Commissioner. Commented [LM38]: Original has letter sent to the
commissioner whose attendance is unsatisfactory and
c. If a commissioner misses more than three consecutive monthly Committee meetings, report to the City Manager.
the Committee Chair may request the mayor remove and replace the Commissioner.
For committees that meet quarterly or less frequently, the Committee Chair may make
the same request if a commissioner misses more than one meeting. For Committees
that meet only once per year, the assigned Commissioner must provide sufficient
advance notice to the mayor if they are unable to attend so a replacement can be
appointed. Should the Mayor decide to remove and replace a commissioner, a motion
of removal and a nomination for replacement will be presented to the City
Page 89 of 265
Commission. Commented [LM39]: Original requires an agenda
item at a regular commission meeting
O. TRAVEL:
Commented [LM40]: From updated financial
1. AUTHORIZED TRAVEL policies
In the normal course of conducting city business, Commissioners are required to travel for Approved amounts for lodging, meals, etc. have been
purposes of work-related meetings, training opportunities, professional conferences, or updated
other business purposes. As part of the annual budget process, a dollar amount is set aside
for travel purposes for the coming year. In fiscal year 2025/26, the Mayor has $2,000
Commented [LM41]: Amounts for commissioners
budgeted, and each commissioner has $1,000 budgeted. added and updated per LOCC decision on October 23,
2025
2. TRAVEL COSTS
The city recognizes that its commissioners are responsible adults who take the same care in
incurring travel expenses while on city business as when traveling on personal business.
Accordingly, this policy does not establish rigid cost limits for lodging, meals, or other travel
costs. Instead, the following general guidelines are offered while recognizing that special
circumstances may dictate that employees incur costs beyond these guidelines:
a. Lodging – Lodging costs should generally range between $100.00 - $250.00 per night
depending on location (based on single occupancy and including local taxes from
which the city is not exempt.
Commissioners are relied upon to use their good judgment in selecting safe and
economical accommodations.
Two important factors to remember when making hotel reservations: 1) always
ask for special "government" rates that are typically deeply discounted from
regular rates and, 2) identify the travel as official city business exempt from
state sales tax and inquire as to any specific documentation requirements the
hotel may have.
Costs for in-room movies, exercise rooms, or other hotel services not included in
the basic room rate are not reimbursable by the city.
b. Meals – Meal costs should generally not exceed $62.00 per person for each full day of
travel (including gratuities and taxes). For partial day travel or individual meal
reimbursements, the following limits will apply:
Breakfast $15.00 Travel Before 8:00 AM
Lunch $17.00 Travel Before 12:00
Noon
Dinner $30.00 Travel Before 6:00 PM
Individual meal limits will apply regardless of whether or not reimbursement is sought
for other meals during the day. For example, it is not permissible to “skip” breakfast and
lunch in order to be reimbursed $62.00 for a dinner; instead, the dinner will only be
reimbursed up to the $30.00 limit specified above. Often lunch or other meals are
included in the registration price of a seminar or conference. It is expected that
employees attending these functions will partake in these meals. The city will not
Page 90 of 265
reimburse meal costs if the employee chooses to forgo the conference meal and dine
elsewhere.
c. Transportation – Vehicle travel may be by either city vehicle or the Commissioner's
private vehicle. If a private vehicle is used, reimbursement will be based on the
number of miles traveled times the allowable IRS business mileage rate in effect at that
time. Air travel is generally used for destinations more than 300 miles away.
Commissioners are encouraged to take advantage of discounted airfares and should
utilize the Muskegon County Airport whenever possible.
Commissioners may elect to use private vehicles for travel to destinations more than
300 miles away and will be reimbursed based on the current IRS mileage rate or
equivalent round trip coach airfare for that destination, whichever is less. However,
no reimbursement will be made for added lodging or meal costs incurred because of
the extra travel time.
Commissioners who elect to use their own vehicle should be aware that under the laws
of the State of Michigan, every vehicle owner is required purchase insurance that is
the primary coverage for that vehicle. While using a private vehicle for city travel, any
automobile liability insurance coverage in force for the city is excess coverage only for
the Commissioner/vehicle owner.
d. Other Costs – Other incidental costs (such as parking, ground transport, phone calls),
should not exceed an average of $50.00 per day. Rental car costs generally will not be
reimbursed by the city as it is expected that Commissioners will utilize lodging in close
proximity to the conference or other event. In extraordinary circumstances where the
Commissioner deems it necessary to rent a car, reimbursement will only be made with
the written authorization of the City Manager.
e. Traveling with Spouse – There is no objection to Commissioners inviting their spouse
to travel along on city business. However, the city will pay for none of the spouse’s
travel expenses and care should be taken to maintain separate records of the
Commissioner's reimbursable travel costs.
3. PAYING FOR TRAVEL COSTS
Methods available for employees to pay travel costs include the following:
a. City Credit Card – The Executive Assistant in the City Manager’s office is designated to
use their card to pay for commissioners’ travel costs that can be readily handled in
advance (e.g., airline tickets, conference registration, hotel, etc.).
b. Personal Credit Card – Commissioners who pay travel costs on their own personal
credit card will receive cash reimbursement from the city.
c. Petty Cash Advance – Commissioners traveling on city business may receive a petty
cash travel advance of up to $300.00 from the City Treasurer’s Office to be used for
travel purposes. The City Manager must approve travel advances. Cash advances of
more than $300.00 are discouraged.
In order to distinguish travel advance requests from expense reporting, while
simplifying the process to the extent possible, there is a separate form for that
Page 91 of 265
purpose. Please note that with the Request for Petty Cash Travel Advance form, the
requesting party must acknowledge that receipts and any money owed the City must
be returned within ten days of return from travel. If the money and/or expense
documentation is not returned, the Commissioner authorizes the full amount of the
travel advance to be deducted from their paycheck along with a $5.00 processing fee.
The Request for Petty Cash Travel Advance forms are available through the City
Treasurer’s Office.
4. REPORTING REQUIREMENTS FOR TRAVEL EXPENSE REIMBURSEMENT
Travel expense reporting has been simplified to the greatest extent possible. The following
guidelines apply to travel expense reporting:
a. Reimbursable travel expenses are to be reported on the Travel Expense Reporting
Form available from the City Manager’s office as soon as possible upon returning from
travel.
b. Only expenses for which cash reimbursement is sought by the commissioner need to
be reported. Expenses paid in advance on a city credit card should not be included on
the Travel Expense Reporting Form.
c. Expenses must always be supported by receipts or other documentation.
d. If total expenses to be reimbursed are $300.00 or less, commissioners may obtain
immediate reimbursement from the City Treasurer's Office.
e. If total expenses to be reimbursed are more than $300.00, they will be reimbursed as
a separately itemized, non-taxable category on the Commissioner’s regular bi-weekly
paycheck. Accordingly, travel expense report forms must be submitted to the Finance
Office with all necessary approvals no later than 5:00PM on the Thursday in the week
prior to payday for reimbursement on that paycheck.
5. DOUBLE DIPPING
It should go without saying that city expects honest and ethical behavior from its
commissioners in handling travel expense matters. Travel expenses that are partially or fully
paid by outside parties (such as federal agencies) are not to also be submitted for
reimbursement from the city. Any Commissioner found to be deliberately misreporting travel
expenses will be subject to disciplinary action as well as potential prosecution.
6. LOCAL BUSINESS EXPENSES
In addition to travel expenses, it is sometimes appropriate for City Commissioners to incur
costs on behalf of boards or committees or in the course of entertaining visiting guests. The
City Manager has full authority to approve such costs (within budgetary limits) and the same
general guidelines as outlined above for Commissioner travel expenses should be followed.
P. POLITICAL SIGNS ON CITY OWNED PROPERTY:
The City of Muskegon maintains a nonbiased status in all matters of political affiliation and strives
to prevent accusations of unfair advantage by certain candidates.
1. CITY EMPLOYEES
a. City employees should report any political signs on city property to their
supervisors.
Page 92 of 265
b. City employees are authorized to remove any political signs found on city property.
c. City employees will inform any person found placing political signs that the signs
are not allowed on city property.
2. CANDIDATES Commented [LM42]: Old policy mentioned fines of
When a candidate registers for an elected position, they should be informed that political $10 per sign and allowed the Police Department to
signs are not allowed on city property and informed of repercussions for signs found on ticket individuals violating the policy
city property. Examples of city property include the grassy area between a curb and Current practice is to alert the candidate, and if the
sidewalk along a street and city parks. signs are not removed within 10 days, city staff
remove them
Q. PROCLAMATIONS:
1. ACCEPTABLE PROCLAMATIONS
a. Special Days – Proclamations that originate from the City of Muskegon for express
purpose of declaring a special day or week for residents of Muskegon.
b. City Involved Events – Proclamations for activities or events for which the city is
directly involved.
c. Elected Officials – Proclamations requested by organizations and ask that an elected
official present the proclamation to a group at an event or activity.
d. Awareness Activities – Proclamations requested by organizations that offer to provide
awareness activities for the benefit of the local community and attend a City
Commission meeting to accept the proclamation.
e. Other Local Governments – Proclamation of support passed in conjunction with other
local governmental units.
f. Benefactors – Proclamations honoring a person whose actions have benefited the local
community to a significant degree.
2. PROCESSING PROCLAMATIONS
a. City Commissioners – City Commissioners should indicate support for a given cause or
proclamation and send to the City Clerk and Mayor. Commented [LM43]: Old policy required
commissioners to send to the mayor for review
b. Lobby – The city should continue to post in the lobby at City Hall those proclamations This language better aligns with current practice.
that are passed by the commission. Commented [LM44R43]: And mayor
Page 93 of 265
GUIDELINES FOR CONDUCT
A. PUBLIC RELATIONS:
Members of Commission should refrain from argument with a member of the public or staff at
Commission meetings since these arguments seldom resolve concerns and many times inflame
feelings at a public meeting. Any concerns by a member of Commission over the behavior or
work of a city employee during a Commission meeting should be directed to the City Manager to
ensure the concern is addressed.
B. CITY COMMISSION RELATIONS WITH CITY STAFF:
1. RESPECT
There shall be mutual respect from both Staff and Commissioners of their respective roles
and responsibilities when and if expressing criticism in public session.
2. REQUESTS FOR INFORMATION
Requests for information or questions by the City Commission shall be directed to the City
Manager or the appropriate Division/Department Head. All non-routine requests should be Commented [LM45]: Added
submitted to the City Manager's office. All complaints shall be submitted to the City
Manager.
3. SHARING OF INFORMATION Commented [LM46]: Removed requirement to
All written informational material requested by individual Commissioners shall be share the name of the commissioner requesting the
submitted to the City Manager who will transmit them to all Commissioners. information
4. COMMISSION INFLUENCE
Commission shall not attempt to correct or influence Staff in the selection of employees,
recommendations for the awarding of contracts and city benefit programs/grants, the Commented [LM47]: Added this language
selection of consultants, the processing of development applications, or the granting of city
licenses or permits.
5. MAIL HANDLING
Incoming mail clearly marked as personal shall not be opened when addressed to individual
Commissioners or staff unless requested. Any other mail addressed to city offices for the
Mayor or City Commissioners shall be opened by appropriate staff. The City Manager’s office
will advise City Commissioners if they have received mail which must be acknowledged, in
order that commission may timely respond.
6. DIRECTION TO STAFF
A Commissioner shall not direct Staff to initiate any action or prepare any report or initiate
any project or study without the approval of a majority of the City Commission. All such Commented [LM48]: Removed “that is significant
requests will be first directed to the City Manager. in nature”
C. CITY COMMISSION RELATIONS WITH APPOINTED CITY COMMISSIONS AND
COMMITTEES & COMISSION MEMBER REPRESENTATION TO OTHER AGENCIES
AND GROUPS:
Page 94 of 265
1. COMMISSION INFLUENCE
City Commissioners should not attempt to influence recommendations by City Commission
appointed commissions or committees, or to influence or lobby individual appointed
commission or committee members on any item under their consideration. It is important
for appointed commissions and committees to be able to make objective recommendations
to the City Commission on items before them. City Commissioners that attempt to influence
appointed commission positions on an item may prejudice or hinder their role in reviewing
the appointed commission's or committee’s recommendation as a City Commissioner.
2. ATTENDANCE AT UNASSIGNED COMMISSIONS/COMMITTEES
Individual City Commission members who are not members of an appointed commission or
committee have the right to attend meetings but are cautioned about becoming involved in
the meeting's discussion, except as a member of the public. City Commissioners, however,
may answer questions put to them or respond to information being provided. City
Commissioners should not act so as to influence an appointed commission or committee by
virtue of their holding the office of City Commissioner.
3. REPRESENTATION AT OUTSIDE AGENCY/ORGANIZATION
If a City Commissioner represents the city before another governmental agency or
organization, the City Commissioner should first indicate the majority position as an
opinion of the City Commission. Personal opinions and comments may be expressed only if
the City Commissioner clarifies that these statements do not represent the position of the
City Commission.
4. OUT OF STATE BOARDS Commented [LM49]: Delete
Before any Commissioner accepts an appointment to any out of state board which may
involve out of state travel, they must first bring it before the entire Commission for
consideration.
D. CODE OF ETHICS:
1. PUBLIC POLICY
It is hereby declared to be the policy of the City of Muskegon that all officials and employees
must avoid conflicts between their private interests and those of the general public they
serve. To enhance the faith of the people and the integrity and impartiality of all officials
and employees of the city, adequate guidelines must be provided for separating their roles
as private individuals from their roles as public servants. Where government is based on the
consent of the governed, every constituent is entitled to have complete confidence in the
integrity of their government. Each individual official, employee, or advisor of the
government must help to earn and honor that trust by their own integrity and conduct in all
official duties and actions.
2. DEFINITIONS AS USED IN THIS CODE
a) City Official/Employee – means a person elected, appointed or otherwise serving
in any capacity with the City of Muskegon in any position established by the City
Charter or by city ordinance which involves exercising a public power, trust or
duty. The term includes any official or employee of the city, whether or not they
receive compensation, including consultants and persons who serve on advisory
boards and commissions.
Page 95 of 265
b) Decision Making – means exercising public power to adopt laws, regulations or
standards, render quasi-judicial decisions, establish executive policy, or determine
questions involving substantial discretion.
c) Substantial – means anything of significant worth and importance or considerable
value as distinguished from something with little value, social tokenism, or merely
nominal.
d) Compensation – means any money, property, and thing of value or benefit conferred
upon or received by any person in return for services rendered or to be rendered to
themselves or another.
e) Official Duties or Official Action – means a decision, recommendation,
approval, disapproval, or other action involving discretionary authority.
3. GRATUITIES
No city official/employee of the City of Muskegon shall solicit, accept or receive, directly or
indirectly, any gift, whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise or in any other form, under circumstances in which it can
reasonably be inferred that the gift is intended to influence the officials/employee in the
performance of their official duties or is intended as a reward for any official action on their
part.
4. PREFERENTIAL TREATMENT
No city official/employee of the City of Muskegon shall use, or attempt to use, their official
position to unreasonably secure, request, or grant any privileges, advantages, contracts, or
preferential treatment for themselves or others.
5. USE OF INFORMATION
No city official/employee of the City of Muskegon who acquires information in the course of
their official duties, which information by law or policy is not available at the time to the
general public, shall use such information to further the private economic interests of
themselves or anyone else.
6. FULL DISCLOSURE
No city official/employee of the City of Muskegon shall participate as an agent or
representative of the city in approving, disapproving, voting, abstaining from voting,
recommending, or otherwise acting upon any matter in which they have a direct or indirect
financial interest without disclosing the full nature and extent of their interest. Such a
disclosure must be made before performing their duty or concurrently with that
performance. If the officer or employee is a member of a decision-making or advising body,
they must disclose to the chair and to other members of the body on the official record.
Otherwise, an appointed officer or employee would appropriately address disclosure to the
supervisory head of their organization or by an elected officer to the general public.
7. OUTSIDE BUSINESS DEALINGS
No city official/employee of the City of Muskegon shall engage in or accept employment or
render services for a private or public interest when that employment or service is
incompatible or in conflict with the discharge of the official or employee’s official duties or
when that employment may tend to impair their independence of judgment or action in
Page 96 of 265
performing official duties.
No city official/employee shall engage in a business transaction in which the public, city
official, or employee may profit from his or her official position or authority or benefit
financially from confidential information which the public official or employee has obtained
or may obtain because of that position or authority.
8. DOING BUSINESS WITH THE CITY
No city official/employee shall engage in business with the city, directly or indirectly,
without filing a complete disclosure statement for each business activity and on an annual
basis.
9. SUPPRESSION OF PUBLIC INFORMATION
No city official/employee of the City of Muskegon shall suppress any public city report,
document, or other information available to the general public because it might tend to
affect unfavorably their private financial or political interest.
10. USE OF CITY PROPERTY
No city official/employee of the City of Muskegon shall directly or indirectly use or permit
others to use city property of any kind for purely personal gain. City officials/employees
should protect and conserve all city property, including equipment and supplies entrusted
or issued to them.
All city business conducted by email shall be done on a city-issued email account.
11. INTENTION OF CODE
It is the intention of the code that city officials and employees avoid any action, whether or
not specifically prohibited above, which might result in or create the appearance of:
a) Using public employment or office for private gain.
b) Giving or accepting preferential treatment to or from any organization or person
c) Impeding city efficiency or economy
d) Choosing complete independence or impartiality of action
e) Making a city decision outside official channels
f) Affecting adversely the confidence of the public or integrity of the city
government or
g) Giving or accepting preferential treatment in the use of city property
The Conflict of Interest and Ethical Code is intended to be preventative and punitive. It
should not be construed to interfere or abrogate in any way the provisions of any Michigan
Statutes, the Muskegon City Charter, and/or City of Muskegon Ordinances.
This policy declaration is not intended to prevent any official/employee of the City of
Muskegon from receiving compensation for work performed on his or her own time as a
private individual and not involving city business.
Page 97 of 265
This declaration of policy is not intended to apply to contributions to political campaigns
which State Law governs.
Appointed staff should be mindful of how political activities on their part could be perceived
by the general public. Appointed staff should maintain a reputation of serving all members
of the Muskegon City Commission equally and impartially. To this end, appointed staff
should not participate in an election campaign on behalf of or in opposition to candidates
for the City Commission.
12. VIOLATION, ENFORCEMENT, AND ADVISORY OPTIONS
a. All matters concerning the Conflict of Interest and Ethical Code shall be directed to
one of the two following controlling authorities depending upon the employment
status of the City of Muskegon official/employee involved or the group concerned
and the nature of the action requested.
i. Elected officials of the City of Muskegon to the Mayor, City Commission, and City
Attorney
ii. Appointed employees, full and part-time, of the City of Muskegon to the City
Manager and City Attorney
b. The above-listed authorities, when requested, shall take appropriate action upon any
complaint, request for information, or otherwise resolve matters concerning Conflict
of Interest and the Ethical Code policy of the City of Muskegon. The appropriate
action to be taken in any individual case shall be at the discretion of the controlling
authority involved, which may include but is not limited to any of the following:
i. Referral of the matter to a higher authority.
ii. Pursuing further investigation by the controlling authority.
iii. Taking appropriate disciplinary action, including removal from office, appointed
position or employment, in accordance with the Muskegon City Charter, City
Code, State law, or the regulations or policies of the City of Muskegon.
iv. Deeming no action to be required.
v. Pursuing such other courses of action which is reasonable, just and appropriate
under the circumstances.
c. When deemed appropriate, the abovementioned controlling authorities may render
written advisory opinions interpreting the Conflict of Interest and Ethical Code of
Conduct outlined in Section 3. Any city official/employee may seek guidance from the
controlling authority upon written request on questions directly relating to the
propriety of their conduct as officials and employees. Each written request and
advisory opinion shall be confidential unless released by the requestor.
i. Request for opinions shall be in writing.
ii. Advisory opinions may include guidance to any employee on questions as to:
• Whether an identifiable conflict exists between their personal interests or
Page 98 of 265
obligations and their official duties
• Whether their participation in their official capacity would involve
discretionary judgment with significant effect on the disposition of the matter
in conflict
• What degree their personal interest exceeds that of other persons who belong
to the same economic group or class
• Whether the result of the potential conflict is substantial or constitutes a real
threat to the independence of their judgment
• Whether they possess certain knowledge or know-how that the city will
require to achieve a sound decision
• The effect their participation under the circumstances would have on the
people's confidence in the impartiality of their city officials and employees
• Whether a disclosure of one’s personal interests would be advisable, and, if
so, how such disclosure should be made to safeguard the public interest
• Whether it would operate in the people's best interest for them to withdraw
or abstain from participation or to direct or pursue a particular course of
action in the matter
13. INTEGRITY AND THE CITY
Given time to think about it, each of us could fashion our own working definition of
integrity, and all of these might be surprisingly similar. That’s because people generally
have a good sense of ethics.
Most of us tend to think of integrity in these terms:
a. Integrity is fairness, honesty, evenhandedness and sincerity. It’s a way of acting and
behaving. More importantly, it’s a way of thinking and of making judgments.
b. Integrity is a system of values that is constant. Integrity doesn’t change, even in the face
of shifting social standards.
c. Integrity is a positive force. It’s a proactive attitude that makes good things happen: it’s
not just a checklist of prohibited behavior.
d. Mostly, though, integrity is doing what we know in our hearts is the proper thing to do.
Integrity is not achieved simply through obedience to laws and regulations. The city, like
any organization, has responsibilities which go far beyond matters of law.
To the City of Muskegon integrity means a special kind of fairness, honesty,
evenhandedness and sincerity, a kind that transcends both the law and the values of
individuals. It’s achieved by observing an overriding set of ethical standards and by
recognizing that the city’s actions and decisions impact a diversity of groups, including
residents, business owners, contractors, suppliers, the general public, and, of course, all city
officials and employees.
Integrity on the part of our officials and employees is important for several reasons.
a. First, integrity is a significant standard because it ensures that the city’s many
obligations will be set by the people who are, in effect, working for the city.
Page 99 of 265
b. Integrity is also important because we have an obligation to our residents as their
representatives and to our fellow officials or employees.
c. Integrity is important because it gives us pride in our work, city, and ourselves.
d. Integrity is also important because it can help the city and its representatives comply
with the law; it may help avoid costly litigation.
e. Integrity also affects the quality and the effectiveness of our relationships with
residents, businesses, contractors, suppliers, government agencies and other members
of the public.
f. And integrity is important because it’s the core ingredient of a reputation. Both our
personal reputations and the city’s reputation are crucial to our success.
14. PERSONAL REPUTATIONS
Each of us has a personal and professional reputation. All of those who do business with
you, whether they work for the city or represent some other organization, form opinions
about your integrity. They decide if you can be trusted and if you can be relied upon to
conduct yourself according to proper ethical standards. That they decide about you
frequently is translated into their opinions of the entire community.
Trust is, after all, the key to good interpersonal relationships. It’s why people work
efficiently together: It’s why they can make things happen quickly and smoothly.
A breach of ethics, therefore, does more than violate a legal or moral code. It creates a very
difficult practical problem because it destroys trust. Officials and employees who can’t be
trusted can’t be effective. They can’t, in other words, do their job very well. And they can’t
hide this fact very long, either.
15. THE CITY’S REPUTATION
A city’s reputation and its overall success are always securely linked. To succeed in its
mission, any organization must have the confidence of the people and the organizations it
deals with, even if the relationship is indirect.
The City of Muskegon’s reputation, obviously, is based on more than the collective
reputations of its employees and officials. To a large extent, it depends on how many
people perceive the community as to whether they believe, whatever the issues or the
circumstances, that the city will act with integrity.
So, trust is also the key element. Trust is the cornerstone of all city relationships. Everyone
who plays a role in our business relationships must have faith in our actions and
statements.
That confidence is especially important in today’s highly complex and fast-paced society
16. STANDARDS OF CONDUCT
The city’s integrity rests solidly on the foundation of several general rules of ethical
behavior. These rules need to be fully understood by all of us.
Page 100 of 265
a. Fundamental values must always be honored. The city expects us to be honest, to tell
the truth, and to play by the rules. Our relations with everyone must be based on mutual
trust and the highest principles of respect for the individual.
b. This means using some obvious examples, such as that we don’t misrepresent
situations, don’t steal city property, don’t falsify city records, or misuse city assets for
personal use.
c. It means that we must treat our fellow employees, committee members, residents,
contractors, and suppliers in an evenhanded, fair way.
d. It means, too, that we must be aware of the perceptions we create because they can be as
important as our actions. We should diligently avoid doing or saying anything that
leaves the impression of questionable motives. It won’t really matter if the impression
is wrong: the perception of dishonesty or favoritism has all the harmful consequences of
the real thing.
e. Consequently, if we believe someone misunderstood what we’ve said or done, we
should clarify the matter quickly. If we misspoke or promise something beyond our
authority, we should also correct that situation.
f. As city officials/employees, we’re expected to honor the spirit and the letter of the law.
g. We must not, of course, give or receive a bribe, kickback, or payoff. Beyond that, we
must avoid any act that might make it seem we’re involved in a bribe, kickback, or
payoff (again, that matter of perception).
h. No improper action is ever made proper simply because someone considers it
“customary” or because others do it.
i. And no improper action is made proper because our supervisor or a fellow employee
might have suggested it.
j. Finally, the city’s standards of conduct apply equally to all.
Integrity is not something we put on and take off depending on the people we happen to be
dealing with at the moment. You’re expected to act with complete integrity all the time.
17. THE GRAY AREAS
It’s been said that ethical standards, even at their strongest, are always a little gray around
the edges. Any code of ethics, in other words, must sometimes deal with situations where
there are two or more legitimate points of view, and where there is no clear right or wrong
answer.
Indeed, ideals do not always fit perfectly with reality, and ethical standards do not always
provide automatic solutions to difficult questions.
But this doesn’t mean that dilemmas must be accepted. It only means that “gray area”
issues require careful examination and thought. All the competing interests must be
clearly identified and evaluated, and the relevant city standards must be understood and
applied. When in doubt, consult with someone of higher authority. Reasonable and ethical
answers are always available.
18. RELATIONSHIPS WITH OTHERS
The city places great importance on its officials and employees’ relationships with all
citizens. The term “citizens” is used here in the broadest possible sense.
Three general principles deserve particular emphasis.
a. You not only must avoid favoritism or unethical practices, you must avoid contact
Page 101 of 265
that could be misinterpreted to suggest questionable behavior (once again, the
perception issue).
b. Don’t be drawn into a compromising relationship. When you’re dealing with another
person the first “small” step you take that undermines your integrity is likely to be
followed by another and then another. In a short time, without having done anything
that could be considered major, your integrity will have been compromised.
c. Trust is critical in all relations. You can build trust by positive actions, by caring, by
meeting deadlines, and by helping to solve problems. You should recognize those
situations where you can appropriately do something to help, and then you should do
it.
19. SOLICITING GIFTS OR FAVORS
Gifts or favors, should not be solicited from an individual or an organization that does
business with the city or seeks to do so. The size of the gift or favor is immaterial. Soliciting
gifts or favors, either directly or indirectly, is strictly prohibited.
a. You should not, for example, suggest to a supplier that you have personal use for a
service or equipment.
b. And any suggestion that you would appreciate tickets to a social or sporting event is
soliciting. Don’t do it.
20. ACCEPTING GIFTS OR FAVORS
Accepting a gift or favor that is freely offered is a little different situation. In some cases, if the
gifts are of nominal value and they enhance the city’s business purposes, they may be
accepted— with caution.
a. Employees of the city are prohibited from accepting gifts of value, favors, or preferential
treatment such as discounts from vendors, firms, or individuals regulated by or doing
business with the city. Employees violating this policy will be subject to disciplinary
action, up to and including dismissal.
b. The application of this regulation is a matter of reasonable and mature judgment. The
following guidelines may be used in interpreting the regulation.
c. The city gift policy is in effect for all gifts whether received at work or home.
d. The acceptance of inexpensive advertising gifts, such as pens, pencils, keyrings,
calendars, coffee cups, etc., or other small items, such as boxes of candy, nuts, plants,
etc., shared by an entire office and/or enjoyed by the public are not considered gifts of
value and can be accepted.
e. Allowing someone to buy your lunch or dinner occasionally or attending a reception is
not out of order. On the other hand, frequent payment for an employee’s meal should be
avoided. A good policy is to try to stay even by picking up the check an appropriate
number of times or splitting the bill. These same guidelines can be applied to
refreshments and entertainment.
f. Any gifts of cash, including gift booklets and gift certificates, are strictly prohibited.
g. Any unusual gift or expensive items, the return of which would be costly or cause
Page 102 of 265
embarrassment, or any situation that is clearly defined should be reported to and
reviewed by an appropriate supervisor or authority.
21. CITY SPONSORED EVENTS AND ACTIVITIES
Strict standards also cover city social, athletic, or recreational activities, such as Christmas
parties or athletic banquets. No employee or city organization should solicit or accept any
support for these events from individuals or firms that do business with us or want to.
22. REPORTING CERTAIN FINANCIAL AND OTHER INTERESTS
City officials and employees are required to report, for information purposes, certain
financial interests held by them or by their family members. If you have a financial interest
in an organization that does business with the city you must report it. You also must report
if a family member or relative has such an interest.
In the great majority of cases these interests present no problem and you or your family
members may retain them. However, officials or employees who have a financial interest
in a firm that does business with the city must always be especially judicious in their
conduct.
23. SPECIAL ROLE OF THE INDIVIDUAL
The city’s commitment to integrity has real substance only when city employees have their
own personal commitment to integrity. Our organizational integrity always begins and
ends with the individual.
a. It depends on the conscience of each person, not just on the city’s written policies to
preserve its integrity and the perceptions people have of us.
b. Each of us is a trusted representative of the City of Muskegon. Each of us, therefore, has
a direct and singular responsibility to conduct our job-related activities in a manner that
protects and enhances our reputation.
c. Integrity is more than a matter of dos and don’ts. It’s always a matter of individual
awareness, honesty, determination, and commitment.
d. Integrity is each employee stepping up to an obligation. It’s each of us deciding that we
will live and act to make our city an even better place to live and work.
24. A FORMAL STATEMENT OF ETHICS
The preceding discussion has emphasized how and why the actions of individuals can
transcend the written law or policy.
However, a formal system is essential to establish a basis of ethical conduct. With the
understanding that no set of rules can cover all contingencies, the City of Muskegon, has
formally adopted the attached “Code of Ethics”.
E. COMPUTER USAGE: Commented [LM50]: Clarified application to
While this policy references city employees, it also applies to Commissioners. Each commissioners and included approved amounts for
commissioner is entitled to $1,500 toward a new computer device in each term they serve and equipment and services
can be reimbursed for internet service up to $19.99 per month. The City’s Information
Technology Department provides support to City supplied equipment and services as well.
Page 103 of 265
1. OVERVIEW
The Information Technology (“IT”) Department’s intentions for publishing a Computer Usage
Policy/Acceptable Use Policy are not to impose restrictions that are contrary to City of
Muskegon’s established culture of openness, trust and integrity. IT is committed to protecting
City of Muskegon's employees, partners and the company from illegal or damaging actions by
individuals, either knowingly or unknowingly.
Internet/Intranet/Extranet-related systems, including but not limited to computer
equipment, software, operating systems, storage media, network accounts providing
electronic mail, WWW browsing, and FTP, are the property of City of Muskegon. These
systems are to be used for business purposes in serving the interests of the organization, and
of our citizens and customers in the course of normal operations.
Effective security is a team effort involving the participation and support of every City of
Muskegon employee and affiliate who deals with information and/or information systems. It
is the responsibility of every computer user to know these guidelines, and to conduct their
activities accordingly.
This policy covers all Departments and entities of the City of Muskegon and replaces any
other computer usage policies.
2. PURPOSE
The purpose of this policy is to outline the acceptable use of computer equipment at City
of Muskegon. These rules are in place to protect the employee and City of Muskegon.
Inappropriate use exposes City of Muskegon to risks including virus attacks, compromise
of network systems and services, and legal issues.
This policy also advises employees as to the nature of appropriate and inappropriate use
of social media (“blogging”) that may affect the public, Employer, or other employees.
This policy must be read in conjunction with other applicable policies and requirements.
Employees who are uncertain about the scope or applicability of this policy should
contact the Director of Information Technology for guidance. Nothing herein is intended
to interfere with employees’ rights under the First Amendment to the United States
Constitution or the National Labor Relations Act.
3. SCOPE
This policy applies to the use of information, electronic and computing devices, and
network resources to conduct City of Muskegon business or interact with internal
networks and business systems, whether owned or leased by City of Muskegon, the
employee, or a third party. This also includes private cell phones and any other devices
that use city resources to communicate (e.g., personal cell phone using internet provided
by the City of Muskegon. All employees, contractors, consultants, temporary, and other
workers at City of Muskegon and its subsidiaries are responsible for exercising good
judgment regarding appropriate use of information, electronic devices, and network
resources in accordance with City of Muskegon policies and standards, and local laws
and regulation.
This policy applies to all internet communication and use of social media done in one’s
official capacity, in a public capacity or privately. This policy applies to employees,
contractors, consultants, temporaries, and other workers at City of Muskegon, including
all personnel affiliated with third parties. This policy applies to all equipment that is
owned or leased by City of Muskegon. If any clause, provision or portion of any clause or
Page 104 of 265
provision is deemed invalid, unlawful or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions of this Contract shall not in any
way be impaired or affected.
4. POLICY
a. General Use and Ownership
i. City of Muskegon proprietary information stored on electronic and computing
devices whether owned or leased by City of Muskegon, the employee or a third party,
remains the sole property of City of Muskegon.
ii. You have a responsibility to promptly report the theft, loss or unauthorized disclosure
of City of Muskegon proprietary information. Do so by immediately notifying your
supervisor and the IT Department.
iii. You may access, use or share City of Muskegon proprietary information only to the
extent it is authorized and necessary to fulfill your assigned job duties.
iv. Employees are responsible for exercising good judgment regarding the
reasonableness of personal use. Individual departments may have additional
guidelines concerning personal use of Internet/Intranet/Extranet systems. In the
absence of such policies, employees should be guided by departmental policies on
personal use, and if there is any uncertainty, employees should consult their
supervisor or manager.
v. For security and network maintenance purposes, authorized individuals within City
of Muskegon may monitor equipment, systems and network traffic at any time,
including the city Voice Over IP phone system (VOIP).
vi. The Information Technology Department reserves the right to audit networks and
systems on a periodic basis to ensure compliance with this policy.
b. Security and Proprietary Information
i. All mobile and computing devices that connect to the internal network must first be
approved by the IT Department.
ii. System level and user level passwords must meet or exceed those of our Windows
Network requirements. Providing access to another individual, either deliberately or
through failure to secure its access, is prohibited.
iii. All computing devices with proprietary, confidential, or otherwise sensitive
information, or any device connected to the internal network must be secured with a
password- protected screensaver with the automatic activation feature set to 10
minutes or less. You must lock the screen or log off when the device is unattended.
iv. Postings by employees from a City of Muskegon email address to internet groups, if
allowed, must contain a disclaimer stating that the opinions expressed are strictly
their own and not necessarily those of City of Muskegon, unless posting is in the
course of business duties.
Page 105 of 265
v. Employees must use extreme caution when opening e-mail attachments, especially
when they are received from unknown senders. If in doubt, contact the IT Department
before taking any action.
vi. Employees may only use authorized City of Muskegon removable media in their work
computers or devices. City of Muskegon removable media may not be connected to or
used in computers that are not owned or leased by the City of Muskegon without
explicit permission of the IT Department. Confidential or sensitive information
should be stored on removable media only when required in the performance of your
assigned duties or when providing information required by other state or federal
agencies.
[note: a common ploy by hackers is to drop a USB Stick in the employee parking lot at
the beginning of the day in hopes the employee will pick it up and insert the device
into their work computer thereby introducing a malware/virus into the network]
vii. All wireless infrastructure devices, including Bluetooth and other technologies, that
are used at a City of Muskegon site must be approved by the IT Department and:
• Be installed, supported, and maintained by IT Department. Under no circumstances
is an employee or third party allowed to initiate, install or maintain a wireless
network without first receiving written approval from the IT Department.
• Use City of Muskegon approved authentication protocols and infrastructure.
• Use City of Muskegon approved encryption protocols.
• Maintain a hardware address (MAC address) that can be registered and tracked.
• Not interfere with wireless access deployments maintained by other support
organizations.
viii. Any security breach or vulnerability, be it real, suspected, or tip, requires that the
employee immediately call the IT Department at (231) 724-4126 and talk with staff.
If you cannot reach a person from the IT Department, you must immediately remove
the network cord from the back of the computer, leave a message for IT Staff, and
immediately notify your supervisor. See picture below for further detail.
Page 106 of 265
c. Unacceptable Use
The following activities are, in general, prohibited. Employees may be exempted from
these restrictions during the course of their legitimate job responsibilities (e.g., systems
administration staff may have a need to disable the network access of a host if that host
is disrupting production services).
Under no circumstances is an employee of City of Muskegon authorized to engage in any
activity that is illegal under local, state, federal or international law while utilizing City of
Muskegon-owned resources or points of presence.
The lists below are by no means exhaustive, but attempt to provide a framework for
activities which fall into the category of unacceptable use.
i. System and Network Activities
The following activities are strictly prohibited, with no exceptions:
• Violations of the rights of any person or company protected by copyright, trade
secret, patent or other intellectual property, or similar laws or regulations,
including, but not limited to, the installation or distribution of "pirated" or other
software products that are not appropriately licensed for use by City of
Muskegon.
• Unauthorized copying of copyrighted material including, but not limited to,
digitization and distribution of photographs from magazines, books or other
copyrighted sources, copyrighted music, and the installation of any copyrighted
software for which City of Muskegon or the end user does not have an active
license is strictly prohibited.
• Accessing data, a server or an account for any purpose other than conducting
City of Muskegon business, even if you have authorized access, is prohibited.
• Installation or removal of any software without prior approval of the IT
Department. Exceptions would be updates on software previously installed by
the City of Muskegon.
Page 107 of 265
• Exporting software, technical information, encryption software or technology, in
violation of international or regional export control laws, is illegal. The IT
Department should be consulted prior to export of any material that is in
question.
• Introduction of malicious programs into the network or server (e.g., viruses,
worms, Trojan horses, e-mail bombs, etc.).
• Revealing your account password to others or allowing use of your account by
any individual. This includes co-workers, family, and other household members
when work is being done at home.
• Using a City of Muskegon computing asset to actively engage in procuring or
transmitting material that is in violation of sexual harassment or hostile
workplace laws in the user's local jurisdiction.
• Making fraudulent offers of products, items, or services originating from any
City of Muskegon account.
• Making statements about warranty, expressly or implied, unless it is a part of
normal job duties.
• Effecting security breaches or disruptions of network communication. Security
breaches include, but are not limited to, accessing data of which the employee is
not an intended recipient or logging into a server or account that the employee
is not expressly authorized to access, unless these duties are within the scope of
regular duties. For purposes of this section, "disruption" includes, but is not
limited to, network sniffing, pinged floods, packet spoofing, denial of service,
and forged routing information for malicious purposes.
• Port scanning or security scanning is expressly prohibited unless authorized by
the IT Department.
• Executing any form of network monitoring which will intercept data not
intended for the employee's host, unless this activity is authorized by the IT
Department.
• Circumventing user authentication or security of any host, network or account.
• Introducing honeypots, honeynets, or similar technology on the City of
Muskegon network.
• Interfering with or denying service to any user other than the employee's host
(for example, denial of service attack).
• Using any program/script/command, or sending messages of any kind, with the
intent to interfere with, or disable, a user's terminal session, via any means,
locally or via the Internet/Intranet/Extranet.
Page 108 of 265
• Circumventing the Open Meetings Act.
• Providing information about, or lists of, City of Muskegon employees to parties
outside City of Muskegon.
ii. Email and Communication Activities
When using company resources to access and use the Internet, users must realize
they represent the organization. Whenever employees state an affiliation to the
organization, they must also clearly indicate that "the opinions expressed are my
own and not necessarily those of the City of Muskegon". Questions may be
addressed to the IT Department.
• Sending unsolicited email messages, including the sending of "junk mail" or
other advertising material to individuals who did not specifically request such
material (email spam).
• Any form of harassment via email, telephone or paging, whether through
language, frequency, or size of messages.
• Unauthorized use, or forging, of email header information.
• Solicitation of email for any other email address, other than that of the poster's
account, with the intent to harass or to collect replies.
• Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of
any type.
• Use of unsolicited email originating from within City of Muskegon's networks of
other Internet/Intranet/Extranet service providers on behalf of, or to advertise,
any service hosted by City of Muskegon or connected via City of Muskegon's
network.
• Posting the same or similar non-business-related messages to large numbers of
groups (spam).
• Electronic communication using the city email system should not be considered
“personal.” All communication is logged, archived and may be available to
anyone under the Freedom of Information Act (FOIA).
d. Compliance Measurement
The IT Department team will verify compliance to this policy through various methods,
including but not limited to, business tool reports, internal and external audits, and
monitoring.
e. Exceptions
Any exception to the policy must be approved by the City Manager or Information
Technology Department in advance and in writing
f. Non-Compliance
An employee found to have violated this policy may be subject to disciplinary action, up
to and including termination of employment
Page 109 of 265
5. DEFINITIONS AND TERMS
Blogging: In a broad sense and means all use of online communication and conducts, use of
social media by employees, including comments made to or by a public employee, whether
made by e-mail, contribution to a weblog, or posting on a website or other social media
(public or personal), e.g., Facebook, Twitter, YouTube, Wix, chat rooms, message boards, etc.
Social Media: forms of electronic communication through which users create online
communities to share information, ideas, personal messages and other content such as
Facebook, Twitter, Instagram, Snapchat, YouTube, Wix, etc.
Internet Posting – posting of any information on the internet in any form.
Honeypot: an information system resource whose value lies in unauthorized or illicit use of
that resource.
F. SOCIAL MEDIA USE:
1. PURPOSE/OVERVIEW
This document outlines the Social Networking and Social Media Use Policy for the City of
Muskegon (“the City”). In response to the fast-evolving landscape of digital communication
and the increasing role of social media in how residents access information and engage with
local government, this Policy establishes clear guidelines for the City’s presence and activity
on social platforms.
The purpose of this Social Media Use Policy and Guidelines (“the Policy”) is to define
standards for the responsible and effective use of social media by City officials and
employees. It ensures that all communications made on behalf of the city are authorized,
professional, legally compliant, and aligned with public expectations. This includes
adherence to relevant court rulings—such as Lindke v. Freed, 601 U.S. 187 (2024)—and
compliance with applicable local, state, and federal regulations, including Michigan’s
Freedom of Information Act (FOIA).
2. SCOPE
This Policy applies to all social media use by or on behalf of the City of Muskegon, including
but not limited to staff, elected officials, appointed officials, committees, and departments.
Employees of the Muskegon Police Department shall adhere to their department-specific
social media policies. In areas where those policies do not address City specific issues, or for
cross-departmental matters, this City policy shall apply.
3. TYPES OF SOCIAL MEDIA USE
a. PERSONAL PAGES
All staff, elected officials, appointed officials and board and committee members may
have personal social media sites. These sites shall remain personal in nature and be
used to share personal opinions or non-work-related information. Following this
principle helps ensure a distinction between sharing personal and City views. Personal
pages shall not use City e-mail accounts or passwords in conjunction with a personal
social media site. Campaign social media sites fall under this category, however, if a
campaign social media page is converted/renamed into an elected official social media
page it would be reclassified as an Elected Official Page.
Page 110 of 265
The following guidance is for City employees who decide to have a personal social
media account and who decide to comment on or share posts about City business:
i. Use a disclaimer such as: “This is the personal (or campaign) page of
[official/employee]” or “the views expressed are strictly my own and do not reflect
or represent the views of my employer.”
ii. Employees shall not use or disclose any information, photographs, video, or other
recording obtained or accessible as a result of employment or appointment with the
City without the express authorization of the City Manager and/or their authorized
designee.
iii. Employees may share or repost City information, such as updates on leaf pickup,
City events, public meetings, emergency notices, and other relevant announcements,
to help keep the community informed.
b. PROFESSIONAL PAGES
The city recognizes two types of professional social media accounts used for City-
related communication: City-controlled Pages and Elected Official Pages. By law, both
are considered tools for public engagement and must reflect the values, transparency,
and professionalism expected of public service. These pages are distinct from personal
or campaign accounts.
City-controlled Pages are social media accounts created, owned, and managed by the
city. These accounts represent the City as a whole, its departments, specific leadership
positions, or specific initiatives, and are used to provide public information,
communicate City services, and promote community events.
All City-related communication through these social media pages shall remain
professional in nature and should always be conducted in accordance with this Policy
and the City’s Community Engagement Handbook. All content must maintain neutrality,
and comply with legal standards for public communication, including accessibility,
records retention, and privacy policies. All City-controlled pages must be registered as
outlined below.
City-controlled Pages shall not be used for political purposes, to conduct private
transactions, or to engage in private business activities. Inappropriate use of City-
controlled social media can be grounds for disciplinary action.
Only individuals authorized by the city may publish content to a city website or City
social media account.
Examples of these accounts include: City of Muskegon Government on Facebook,
Muskegon City Parks & Recreation on Instagram, and the Muskegon Farmers Market on
Facebook.
Elected Official Pages are social media accounts created and managed by elected
officials (e.g., Mayor, City Commissioners) in their formal, public roles. Among other
purposes, these accounts are used to share information and engage with the public on
topics related to their duties within the city.
Page 111 of 265
Although Elected Official Pages are not subject to internal City oversight, elected
officials are individually responsible for managing these accounts in accordance with
applicable laws. Content that involves the discussion or facilitation of City business may
be considered public record and subject to the Freedom of Information Act (FOIA) or
the Open Meetings Act (OMA).
Improper use—such as blocking constituents, deleting comments based on viewpoint,
or mixing political campaigning with public duties—can create legal liability for both
the official and the City.
Elected officials are encouraged to clearly distinguish these pages from personal pages,
and to understand the legal risks and responsibilities that come with using social media
in an official capacity.
c. REGISTERED CITY PAGES
All City-controlled social media sites shall be listed on one page on the City’s website.
The link to that webpage is: https://muskegon-mi.gov/social-media-accounts/
REGISTERING A NEW PAGE
All City-controlled social media sites shall be (1) approved by the City Manager and/or
designee, (2) published using approved social networking platforms and tools, and (3)
be administered by the approved staff member(s).
The City Manager and/or their designee, and the IT department, will be granted
administrative access to all City-controlled social media pages.
DEREGISTERING AN EXISTING PAGE
If a City-controlled social media page is no longer of use, (1) notify the City Manager
and/or designee. (2) Ensure records have been archived according to City guidelines.
(3) Set a timeline for deactivating the account. (4) Develop a farewell message to post
on the account that includes when the account will be closed and where followers can
go for information in the future. (5) Consult with the Community Engagement Manager
to determine whether to protect the account name by keeping it active to prevent use of
the City’s name for improper purposes. If a decision is made to protect the account
name, take all necessary action to do so. (6) Unpublish or delete the page. (7) Update the
list of official social media accounts listed online on https://muskegon-mi.gov/social-
media-accounts/.
Considerations for Deregistering:
Considerations for deciding whether to deregister a city social media account may
include, but are not limited to:
• Merging an account into another City social media account.
• It is no longer needed to accomplish a department’s goals.
• It does not align with the City’s mission, vision, or values.
• It does not comply with these procedures.
Page 112 of 265
• It is not currently being used or is being underutilized with no original posts for at
least 60 days.
• It is not being monitored.
4. OVERSIGHT AND ENFORCEMENT
City-controlled social media outlets or participating in social media features on City websites
shall maintain a high level of ethical conduct and professional decorum. Failure to do so is
grounds for revoking the privilege to participate in City social media sites or other social
media features.
Information shall be presented following professional standards for good grammar, spelling,
brevity, clarity and accuracy, and avoid jargon, obscure terminology, or acronyms. City-
controlled sites shall be clear and precise and follow industry best practices for posting
updates. All content posted to City-controlled social media should be:
a. Relevant – Information that engages residents and pertains to their daily lives
b. Timely – Pertains to deadlines, upcoming events, or current news
c. Actionable – Prompts residents to take action
d. Informative – Posts should encourage residents to visit a specific City webpage for
additional details, resources, or updates related to the content shared.
Social media shall not be used to circumvent other City communication policies, including
news media policy requirements. City-controlled pages shall not publish information on any
social media sites that include:
a. Confidential information
b. Copyright violations
c. Profanity, racist, sexist, or derogatory content or comments
d. Partisan political views
e. Commercial endorsements or SPAM
Time of Use: City-controlled social media accounts are not monitored 24/7, and as such,
posts and responses should not be immediately expected. Accounts are traditionally
monitored during normal business hours, designated as Monday-Thursday from 7:30 a.m. to
5:30 p.m., excluding holidays.
COMMENT AND PRIVATE MESSAGE GUIDELINES
City-controlled pages shall decide and be consistent with their commenting and private
message guidelines. Whether comments or private messages are allowed or not, the pages
shall remain consistent.
If comments are turned off on one post, they shall always be turned off on all posts when
possible. Acknowledging that the “comment off function” is manual, and happens after the
post is made, there is potential for a comment or two to be posted before the comment
Page 113 of 265
function is turned off. If that happens and a few comments are made, continue to turn the
comments off and comment as the page to notify of the comment guidelines outlined in this
policy. If the comment function is accidently not turned off and many comments are made,
leave the commenting feature on for that post.
City-Controlled pages that allow comments may reply to comments or questions as long as
it’s following archiving rules and this policy. It’s encouraged that comments link back to
information on an official City website. Refer to the “Moderation of Third-Party Content”
section for commenting removal guidelines.
SOCIAL MEDIA ACCOUNT AUDITS
Annual audits of City-controlled account activity and the effectiveness of the content being
posted will be performed by the Community Engagement Manager in collaboration with the
staff managing the page(s).
The Department Director, or their designee, should confirm that City social media content
moderation is regularly occurring to ensure that sites are active, that content is engaging,
and that content posted in violation of this policy is handled appropriately.
For purposes of this policy, “active” refers to a page having been posted to at least once
weekly; and “engaging” refers to views, reach, and interaction with the posts.
5. RETENTION
Social media sites are subject to local, state, and federal laws, including Michigan’s Freedom
of Information Act (FOIA). Any content produced or maintained on social media sites,
including communication posted by the city and communication received from citizens, is a
public record.
The Information Technology Department shall preserve records under the relevant records
retention schedule in a format that preserves the integrity of the original record and is
easily producible. Furthermore, the retention of social media records shall fulfill the
following requirements:
a. Social media records are captured in a continuous, automated fashion throughout the
day to minimize the potential loss of data due to deletion and/or changes on the social
networking site.
b. Social media records are maintained in an authentic format (i.e., ideally the native
technical format provided by the social network, such as XML or JSON) along with
complete metadata.
c. Social media records are archived in a system that preserves the context of
communications, including conversation threads and rich media, to ensure
completeness and availability of relevant information when records are accessed.
d. Social media records are indexed based on specific criteria such as date, content type,
and keywords to ensure that records can be quickly located and produced in an
appropriate format for distribution (e.g., PDF).
e. Each employee who administers one or more social networking sites on behalf of the
Page 114 of 265
City has self-service, read-only access to search and produce relevant social media
records to fulfill public information and legal discovery requests as needed.
The city utilizes an automated archiving solution for all City-controlled social media sites to
comply with applicable public records law and fulfill the above record retention
requirements. The City’s archive is available through the Information Technology
Department.
6. EXTERNAL POLICY
The following guidelines shall be displayed to users on all social media sites or made
available on the City’s website and be linked on social media pages.
Time of Use: City-controlled social media accounts are not monitored 24/7, and as such,
posts and responses should not be immediately expected. Accounts are traditionally
monitored during normal business hours, designated as Monday-Thursday from 7:30 a.m.
to 5:30 p.m., excluding holidays.
MODERATION OF THIRD-PARTY CONTENT
City-controlled social media sites serve as a limited public forum and all content published
is subject to monitoring. The City-controlled social media platforms are intended primarily
for one-way communication of City information. Two-way communication should be
discouraged where possible.
Social media is not to be used for emergency communications with the City, such as
reporting crimes or hazardous conditions. Such reports shall be made through designated
official channels such as 911.
Under no circumstance should users be blocked from City-controlled social media accounts.
If suspicious activity is noted, staff should report it directly to the social media platform.
User-generated posts (comments) will be rejected or removed (if possible) when the
content:
a. Contains obscenity or material that appeals to the prurient interest
b. Contains personal identifying information or sensitive personal information
c. Is threatening, harassing, defamatory, fraudulent, or discriminatory
d. Incites or promotes violence or illegal activities
e. Contains information that reasonably could compromise individual or public safety
f. False or misleading commercial speech or spam
PUBLIC RECORDS LAW
Social media sites are subject to applicable public records laws. Any content maintained in a
social media format related to City business, including communication posted by the city
and communication received from citizens, is a public record. The Department maintaining
the site is responsible for responding completely and accurately to any public records
request for social media content.
Page 115 of 265
G. COMMUNICATIONS:
1. PURPOSE
The purpose of this policy is to ensure the City Commission receives regular and transparent
communication from the City Manager.
2. POLICY
Communication to Commissioners
The City Manager informs the Commission about significant matters such as personnel
matters that are likely to provoke public interest as well as negotiations and developments
requiring action. Important announcements, media releases, and press conferences are
shared with the Commission in advance. All requests to the City Commission are routed
through the City Manager's office.
3. PROCEDURES
a) When emailing information to Commissioners, all Commissioners must be blind copied
to reduce risk of violating the Open Meetings Act.
b) Requests for information from Commissioners must be routed through the City
Manager’s office.
c) Communications will be made in a professional, respectful, and timely manner.
d) Any communications to the Commissioners will be provided without change or
alteration.
e) Requests from Commissioners to the City Manager will be handled on a priority basis.
Clear time tables will be provided as appropriate.
4. REFERENCES
City of Muskegon Charter, Chapter IV, Sections 1 and 2, Chapter V, Sections 5 through 8,
Chapter VIII, Section 1
H. COMMISSION APPOINTMENT INTERVIEW QUESTIONS Commented [LM51]: New
In the case where a commission seat becomes vacant during the regular term, the commissioners Commented [LM52R51]: Provide explanations for
will appoint a new member to the vacant seat. The questions below are suggested for use when these sections
interviewing potential candidates. Include a question asking what they see as positive in
H. a recent action the city has taken.
1. How has your experience prepared you to be a City Commissioner? Give examples from
your professional or personal life and share any community involvement in Muskegon’s
neighborhoods, city boards and committees, local service organizations, City Commission
meetings, and such.
2. Describe the role and qualities of an effective City Commissioner.
3. What is your vision for the City of Muskegon?
Page 116 of 265
4. What, in your opinion, are the most important issues facing the City of Muskegon?
5. What ideas do you have to encourage and support neighborhood revitalization?
6. Describe your understanding of the council city manager form of government. What is your
role in relation to the City Manager and other city staff?
7. How would you address differences of opinion with other Commissioners, staff, other local
leaders, and the public?
8. What steps should the city take to improve relations within the Greater Muskegon
community? What ideas do you have for ensuring people from all walks of life feel welcome
and free to share their input?
9. What qualities do you possess that make you best suited for this appointment?
9.10. Please share an example of a positive action the city has taken in the recent past.
I. POTENTIAL CANDIDATE CONSIDERATIONS Commented [LM53]: New
When residents request the necessary paperwork to run for office, the Clerk’s office will Commented [LM54R53]: Provide explanation for
provide them with the below list of items they should consider before deciding to run. this
1. What experiences have prepared you to be a City Commissioner? Consider your
professional and personal life, community involvement in Muskegon’s neighborhoods, city
boards and committees, local service organizations, City Commission meetings, and such.
2. What qualities allow a commissioner to be effective? Which of those qualities do you
possess, and which require more effort for you?
3. What is your vision for the City of Muskegon? Can you articulate that to the public?
4. What, in your opinion, are the most important issues facing the City of Muskegon? In the
City Commissioner role, how will you be able to address those?
5. How can you support neighborhood revitalization across the city?
6. Do you understand the commission-manager form of government? Do you understand the
role of a commissioner in relation to the City Manager and other city staff? Consider the
limitations of the City Commissioner role.
7. How do you currently relate to others in the greater Muskegon community? What are your
thoughts on the need and methods to collaborate with other local governments?
8. How do you handle differences of opinion with others? There are many opportunities to
work with other commissioners, city staff, other local leaders, and the public.
9. How will you ensure people from all walks of life feel welcome and free to share their input
with you?
10. What qualities do you possess that make you best suited for this office?
Page 117 of 265
Page 118 of 265
CITY POLICY INFORMATION
A. PURCHASING POLICY
1. PURPOSE
This policy is established to ensure purchasing activities that are fair and equitable,
maximize purchasing value for public funds, and to maintain a procurement system of
quality and integrity throughout the procurement process. These policies and
procedures are intended to ensure that all city funds are expended in accordance with
sound business practices, recorded in compliance with acceptable accounting
procedures, and meet the requirements of federal and state agencies that may assist in
the financing activities of the City of Muskegon.
2. GOALS
The City of Muskegon maintains this policy with the goals of:
• Establishing clear specifications that meet city objectives.
• Providing for the greatest competition among potential suppliers while limiting cost
to meet the quality of the product or service specified.
• Awarding where possible to local bidders who meet specifications within the
context of lowest qualified bidder.
• Ensuring adequate monitoring and reporting of purchasing.
3. OPERATIONAL GUIDELINES
This policy applies to the procurement of supplies, goods, equipment, and services by the
City of Muskegon.
• The purchasing policy applies to all city departments and to other agencies, authorities,
commissions, boards, and joint-ventures.
• All purchases over $25,000 require approval by the City Commission. Purchases over
$25,000 must be established either through the annual budget or City Commission
approval of additional appropriations. It is the sole responsibility of the
Division/Department Head to maintain control of their individual budgets.
• Some purchases are unique in nature and do not require the process of competitive
bidding. These items are excluded from the bidding and purchase order requirements.
Examples include but are not limited to debt service payments and ongoing expenses
for utilities or services.
• The city will not be responsible or liable for any expenditure or agreement for
expenditure made by a city employee or city official who fails to follow this purchasing
policy and its procedures. Contracts negotiated outside of this policy will be considered
invalid and non-binding. Any breaches of this policy shall be reported directly to the
Finance Director and City Manager.
• Contracts or purchases shall not be artificially divided to circumvent the purchasing
procedures in the policy. Aggregate, recurring purchases such as gasoline, paper
products, cleaning supplies, ammunition, etc. must be determined on an annual
basis.
Page 119 of 265
4. LOCAL PREFERENCE
The City Commission may give preference to local vendors as follows.
• Vendors located in the City of Muskegon may be awarded purchases or contracts when
the lowest qualified local bid/price is within 2% or less of the lowest qualified non-local
bid.
• An additional 0.5% difference in bid amount (for a total of 2.5%) will be considered for
those qualified vendors located in the City of Muskegon which are not-for-profit and
provide social services to City of Muskegon residents.
• Vendors located in Muskegon County may be awarded purchases or contracts when the
lowest qualified local bid/price is within 1% or less of the lowest non-local bid.
• For purchases under $1,000, local vendors shall be solicited unless valid reasons
determine this is not in the best interest of the city.
5. DISADVANTAGED CONTRACTOR GOALS
The City Commission establishes goals for disadvantaged contractor participation in
each trade as follows.
• 14% minority owned businesses
• 7% female owned businesses
A Disadvantaged Contractor Affidavit listing all disadvantaged contractors that were
contacted to participate on the project as sub-contractors must be submitted by each
bidder. The affidavit must clearly state why each potential subcontractor was not
considered for inclusion in the project. A disadvantaged contractor refers to businesses
that are owned and controlled by minorities, women, and other socially and
economically disadvantaged persons.
6. PURCHASING AUTHORITY
The City Manager's Office shall be responsible for the administration of the purchasing
system ofthe city. The procurement procedure to be used is determined by the dollar
amount of the procurement. Contracts or purchases shall not be artificially divided to
circumvent the purchasing procedures in the policy. Aggregate, recurring purchases
such as gasoline, paper products, cleaning supplies, ammunition, etc. must be
determined on an annual basis. The requirements for each level of spending are
outlined below.
Amount Requirements
Below $2,000 Purchases are made by the
Department/Division Head and do
not have to be competitively bid.
Vendor selection and pricing should
be reviewed annually for adequate
and reasonable competition.
$2,000 to $4,999.99 A minimum of three written quotes
are required. Award shall be made to
the qualified vendor offering the best
value in the opinion of the
Page 120 of 265
Department/Division Head.
$5,000 to $9,999 A minimum of three written quotes
are required. Award shall be made to
the qualified vendor offering the best
value in the opinion of the Division
Head. Commented [LM55]: New
$10,000 to $24,999.99 A minimum of three written quotes
are required. Award shall be made to
the qualified vendor offering the best
value in the opinion of the Division
Head and City Manager.
$25,000 and above Formal competitive bids shall be
solicited through Competitive Sealed
Bid or Request for Proposals and are
subject to negotiation after bid award.
With City Manager or Division Head approval, any products and services that are
available only through a single source can be procured without bidding. Where possible,
a state or regional bid contract (such as MiDeal) will be used for single source
procurement. In the event no bids were received, the City Manager or Division Head can
approve the purchase of products or services through a single source.
Division Heads may set purchasing thresholds for their staff as long as the threshold does
not exceed that for the Division Head.
7. PROCUREMENT PROCEDURES
Competitive Sealed Bidding
a. An invitation for bids shall be issued and shall include specifications and all contractual
terms and conditions applicable to the procurement.
b. Public notice of the invitation for bids shall be made available two weeks in advance of
the bid submission date set forth. Notices may include publication in a newspaper of
general circulation and/or online media. Professional/technical services need not be
publicly advertised, but competition must be ensured.
c. Bids shall be opened publicly by the City Clerk’s office in the presence of one or more
witnesses following the deadline set for the submission of bids at the time and place
designated in the invitation for bids. The amount of each bid and such other relevant
information as the Division Head deems appropriate, together with the name of each
bidder, shall be recorded; the record and each bid shall be open to public inspection.
d. Bids will be evaluated based on the requirements determined in the invitation for bids.
These requirements may include inspection, testing, quality, workmanship, experience,
delivery, warranty, and suitability for a particular purpose. Bids that do not comply
with all criteria set forth in the invitation to bid may be subject to disqualification by
City Commission.
e. Withdrawal of inadvertently erroneous bids before or after award, or cancellation of
awards or contracts based on such bid mistakes, shall be permitted. After bid opening,
no changes in bid prices or other provisions of bids prejudicial to the interest of the city
Page 121 of 265
or fair competition shall be permitted. Except as otherwise provided, all decisions to
permit the withdrawal of bids, or to cancel awards or contracts based on bid mistakes,
shall be supported by a written determination made by the Division Head, endorsed by
the City Manager and approved by the City Commission.
f. Award shall be made to the qualified bidder whose bid is determined to be the most
advantageous to the city, taking into consideration price and the evaluation criteria set
forth in the invitation for bids, as determined by City Commission.
Request for Proposals (RFP)
a. When a Division Head determines that the use of competitive sealed bidding is not
practical, not advantageous to the city, and/or when a selection should be based on the
most qualified vendor, a contract may be entered by use of competitive sealed request
for proposals.
b. Public notice shall be the same as for the competitive sealed bidding process.
c. The identity of each vendor and the content of any competing vendors shall not be
disclosed until the time of the public opening of proposals.
d. Proposals shall be opened publicly by the City Clerk’s office in the presence of one or
more witnesses following the deadline set for the submission of proposals at the time
and place designated in the request for proposals. A register of the proposals shall be
prepared containing the name of each vendor, the number of modifications received, if
any, and a description sufficient to identify the item offered.
e. As provided in the RFP, discussions may be conducted with qualified vendors to assure
understanding of and conformance to the solicitation requirements. Qualified vendors
shall be accorded fair and equal treatment with respect to any opportunity for
discussion to clarify information in the proposal which impacts city staff’s ability to
make fair comparisons between proposals.
f. Award shall be made to the qualified vendor whose proposal is determined to be the
most advantageous to the city, taking into consideration the evaluation criteria set forth
in the request for proposals, by the City Commission.
Cancelation of Bids or Requests for Proposals
A bid, request for proposal, or other solicitation may be canceled, and any or all bids or
proposals may be rejected in whole or in part when it is in the best interest of the city, as
determined by the Division Head and supported by the City Manager. Each solicitation
issued by the city shall include this notification.
Cooperative Purchasing
The city may join in cooperative purchasing arrangements with the State of Michigan or any
other government units or non-profit agencies. Any cooperative agreements set forth by
the City of Muskegon must follow the guidelines of this policy.
Emergency Procurements
When there is an immediate threat to the public health, safety, or welfare of the city or its
citizens, the City Manager may authorize the award of a contract utilizing competition as
may be practical and reasonable under the circumstances, for the emergency purchase of
Page 122 of 265
supplies, materials, equipment, services or construction. Such purchase must be reported
to the City Commissioners as soon as possible.
Recycled Products
The city shall make every effort to purchase recycled products whenever possible.
Insurance Requirements
Vendors and contractors will be required to carry adequate insurance coverage.
8. CONSTRUCTION PROJECTS
Construction projects are subject to the provisions of this policy and the requirements that
follow.
• Prevailing Wages – The City will continue to comply with any local, state, or federal
policies as required by the funding source for a particular project. For example, Public
Works projects which include federal transportation, drinking water, or sanitary sewer
funding require prevailing wages be paid to contractors. The City Commission may also
give preference to vendors paying Davis Bacon wages on other projects by awarding
contracts when the lowest qualified prevailing wage bid/price is within 1% or less of
the lowest qualified non-prevailing wage bid. When applicable, the 1% preference can
be added to the local preference up to a 3% or $100,000 differential, whichever is less.
• Change Orders – The Department Head in charge of the construction project shall have
the authority to approve individual change orders up to 10% of the cost of the
construction but not more than $30,000, unless the approved budget includes a
contingency amount that covers the amount of the change order. The City Manager is
authorized to approve change orders and contract expenditures between 10% and 20%
but not more than $30,000, unless the approved budget includes a contingency amount
that covers the amount of the change order. The City Commission must approve
(retroactively if urgent) any change order or combination exceeding the above
parameters. All final payments of construction projects shall require signatures from
the Department Head, the Finance Director, and the Division Head.
• Bid Bond – All construction projects shall require a bid bond from each bidder in the
amount of five percent (5%) of their bid. The bond will secure the bid. The bond will be
released upon award of the contract by the City Commission for unsuccessful bidders
and upon execution of the contractor for the successful bidder. (Lesser amounts than
5% may be permitted by exception for good cause upon approval by the City
Commission.)
• Performance Bond – All construction projects shall require a performance bond from
the successful bidder for the full amount of the contract or as specified by bid document.
This bond will be written in such a manner to ensure satisfactory completion of the
project. The bond shall be in effect for one full year after completion of the project. The
bond will be released only after the Department Head in charge of the project and the
Division Head are satisfied that the project was properly completed and one year has
elapsed.
9. STANDARDS OF CONDUCT
Recognizing that city purchases involve the use of public funds, the following standards
shall apply to all purchases made.
Page 123 of 265
• All vendors, current and prospective, shall be treated equitably. Purchasing decisions
shall be based upon price, quality, delivery, written standards, previous service, and
other relevant factors promoting the best interest of the city.
• Employees shall be prohibited from furnishing to any prospective bidder information
that would give any vendor an unfair advantage over other prospective vendors.
• Purchasing records shall be retained by the Finance Division for public review.
• Employees shall not utilize the city's purchasing system to purchase items for personal
use.
• Employees shall be prohibited from accepting rebates, gifts, gratuities, or favors
from vendors. Any extra option or alternative providing benefit to the city shall be
explained in the bid.
• Employees shall have no financial or beneficial interest in any contract or purchase
order for goods and services used by the city. The city’s charter shall govern conflicts of
interest.
• Vendors must be businesses in good standings with the city.
10. VIOLATIONS TO PURCHASING POLICY
In the event that staff do not follow the purchasing policy, decisions will be made per the
following guidelines.
For any single expenditure under $25,000, the City Manager and Finance Director review
the purchase.
For any single expenditure of or over $25,000, the City Manager and Finance Director
review the purchase with the City Commission.
For any single expenditure of or over $25,000, where the City Manager or Finance Director
have not followed the policy, the Division Head who most recently served as interim City
Manager reviews the purchase with the City Commission.
11. AMENDMENTS TO PURCHASING POLICY
Any amendments to this Purchasing Policy will be submitted to the City Commission by the
City Manager and shall require City Commission approval by resolution.
B. EMERGENCY PROCEDURES Commented [LM56]: New – also included in
The City of Muskegon is committed to providing a safe workplace for all employees and visitors. employee handbook
In the event of an emergency, employees are expected to remain calm, follow the directions of
supervisors or emergency personnel, and report to supervisors once safe to do so.
The following procedures apply to common emergencies that may occur in the workplace:
1. GENERAL SECURITY CONCERNS
Report suspicious persons or activities to supervisors or directly to the Muskegon Police
Department.
• During business hours: 231-724-6750
• After business hours: 911 (Muskegon Central Dispatch)
Ensure exterior doors remain secured after hours.
Page 124 of 265
2. INCLEMENT WEATHER
The City of Muskegon will always make every attempt to be open for business. In situations
in which some employees are concerned about their safety, management may advise
supervisors to notify their departments that the office is not officially closed, but employees
may choose to leave the office if they feel uncomfortable.
If the office is officially closed during the course of the day to permit employees to leave
early, nonexempt employees who are working on-site as of the time of the closing will be
paid for a full day. If employees leave earlier than the official closing time, they will be paid
only for actual hours worked, or they can take personal or vacation time. Exempt
employees will be paid for a normal full day but are expected to complete their work at
another time.
3. SEVERE WEATHER/TORNADO
In general, move to the lowest interior area away from windows. Remain sheltered until an
“all clear” is issued by management or emergency personnel.
• At City Hall, report to the basement storage area or break room.
• At Public Works, shelter in the interior locker rooms.
• At the Filtration Plant, use the locker room outside the lab. Staff should notify the
Maintenance Operator, Chief Operator, or Superintendent and bring the following to
their shelter location.
o Policy and procedure binder
o Surface laptop
o Cell phone, if available
o Notes related to current operations of the plant
Severe Weather Watch
Filtration staff are directed to monitor surrounding conditions and take action when the
situation worsens.
Severe Weather Warning
Filtration staff should notify all staff working in the plant and at remote sites. Tank levels,
remote site conditions, and treatment processing should be noted until the storm has
passed. High winds or heavy snow require opening in locking out the front gate for access
to emergency personnel.
4. FIRE/EVACUATION
Leave the building immediately when alarms sound or when instructed by a supervisor.
Use the nearest safe exit referring to fire route maps posted throughout city facilities.
Use stairs only – elevators will be out of service during a fire.
Gather at designated assembly areas:
o City Hall employees: Employee parking lot behind Anchor Insurance
o DPW employees: south employee lot at 1350 E Keating Avenue
o Filtration: Beach parking lot across from Gate 1.
5. MEDICAL EMERGENCY
The first step is to call 911 and provide the building address.
• City Hall: 933 Terrace Street
• DPW: 1350 E Keating Avenue
• Filtration: 1900 Beach St
Page 125 of 265
Ensure responders know which gate to use
o Gate 1 – Beach Street – front gate
o Gate 2 – Beach Street – high service gate
o Gate 3 – Beach Street – auxiliary gate
o Gate 4 – Beach Street – area 51
o Gate 5 – Keaton Court – back gate
Notify the nearest supervisor.
Once emergency personnel are on site, guide them to the location of the emergency.
Staff should be aware of AED and first aid kit locations.
• City Hall AED’s and first aid kits
o Second floor – main hallway
o First floor – intersection of hallways near Commission Chambers
o Basement – main hallway
• Filtration Plant AED’s and First Aid Kits
o Headworks lobby – next to plant map between stairs and pretreatment hallway
o Lab – first aid kit only
• Public Works AED’s and first aid kits
o Hallway outside the Water Department break room
o Mechanics area break room
6. VIOLENT INTRUDER/ACTIVE SHOOTER Commented [LM57]: Provide more specific
In the event of a violent intruder or active shooter, employees should shall take immediate direction on 6-10
action using the principles of Run, Hide, Fight: follow the instructions of the Muskegon
Commented [LM58R57]:
Police Department and any training provided by the city. Additional training opportunities
and resources are available.
• RUN (Evacuate)
o If a safe escape path is available, immediately leave the building.
o Leave belongings behind and assist others if possible.
o Prevent others from entering the danger area if it is safe to do so.
o Call 911 once in a safe location.
• HIDE (Shelter in Place)
If evacuation is not safe, secure yourself in a room:
o Lock and/or barricade doors using available furniture.
o Turn off lights, silence phones, and remain quiet.
o Stay out of sight and behind cover if possible.
o Do not open the door for anyone unless directed by law enforcement.
• FIGHT (Last Resort)
If confronted and in immediate danger, employees may defend themselves using
reasonable force to stop the threat.
E-Panic Button Activation:
If it is safe to do so, activate the E-Panic button immediately upon recognizing a violent
intruder or active shooter.
Activation will:
• Notify other staff.
• Initiate internal alerts and share location data.
Employees should not delay protective actions (Run/Hide/Fight) in order to activate the E-
Panic button.
Additional Direction:
Page 126 of 265
Employees should not wait for police arrival before taking protective action.
Supervisors, if present, should assist with coordination, but individuals are responsible for
their own immediate safety decisions.
Follow all commands from law enforcement upon arrival.
7. BOMB THREAT/SUSPICIOUS PACKAGE
If a suspicious package is located:
• Do not touch, move, or open the item.
• Immediately notify 911 and a supervisor.
• Clear the immediate area and prevent others from approaching.
Evacuation Guidance:
• Supervisors or the senior employee on site should initiate evacuation if there is a
credible threat or uncertainty about the hazard.
• When in doubt, err on the side of evacuation, provided it can be done safely and without
moving past the suspicious item.
• Do NOT activate the fire alarm system unless directed by emergency responders, as this
may move occupants toward a hazardous area.
During Evacuation:
• Move to a safe distance.
• Avoid using radios or cell phones near the suspicious item.
• Prevent re-entry until cleared by law enforcement or fire personnel.
Additional Guidance:
• If a bomb threat is received by phone, attempt to document details (time, voice
characteristics, exact wording) if safe to do so.
• Await further instructions from responding emergency personnel.
Do not touch or move the object.
Call 911 and notify a supervisor.
Evacuate the building if instructed.
8. HAZARDOUS MATERIALS/UTILITY FAILURE
In case of gas leak, chemical spill, or power outage, notify your supervisor.
For gas leaks, appearance of smoke, or chemical spills, evacuation is required. In these
instances, supervisors shall activate the fire alarm system to signal the evacuation and alert
emergency service response. Evacuate the building if directed.
Muskegon Fire and Department of Public Works maintain specialized spill kits and response
equipment.
9. ELEVATOR EMERGENCY
If trapped in an elevator, press the emergency button to request help.
Do not attempt to force doors open or exit without assistance.
Remain calm and Wwait for emergency personnel to arrive. The Fire Department has tools
and keys to open elevators within the city facilities.
10. CHEMICAL RELEASE/AIR QUALITY CONCERN
Any chemical release will trigger Muskegon County Emergency Services to send an
emergency message through cell phones instructing what to do and where to go.
If instructed to sShelter-in-place, remaining inside the building until instructed otherwise.
Close doors and windows, and stay away from exterior openings.
Page 127 of 265
Await further instructions from supervisors or emergency personnel.
Page 128 of 265
ACRONYMS
ACFR Annual Comprehensive Financial Report
ACT51 Transportation Funding Act
ADA Americans with Disabilities
AMI Area Median Income
AMP Average Median Purchase Price
BEA Baseline Environmental Assessment
BID Business Improvement District
BRA Brownfield Redevelopment Authority
BRI Brownfield Revitalization Initiatives
CAPER Consolidated Annual Performance Evaluation Report
CDBGCommunity Development Block Grant
CFT Commercial Facilities Tax Abatement
CHDO Community Housing Development Organization
CIP Capital Improvement Plan
CNS Community and Neighborhood Services
CP Consolidated Plan
CPRB Citizens Police Review Board
DDA Downtown Development Authority
DPW Department of Public Works
EC Enterprise Community
EDA US Economic Development Administration
EDC Economic Development Corporation
EOC Equal Opportunity Committee
Page 129 of 265
EIA Environmental Impact Assessment
EPA US Environmental Protection Agency
ER Environmental Review
FAR Floor Area Ratio
FLSA Fair Labor Standards Act
FMLA Family and Medical Leave Act
FOIA Freedom of Information Act
GASB Government Accounting Standards Board
GIS/GPS Geographic Information System/Global Positioning System
HAZMAT Hazardous Material Management
HBA Housing Board of Appeals
HDC Historic District Commission
HOME Home Investment Partnership
HRC Home Rule City
HUD US Department of Housing and Urban Development
IFT Industrial Facilities Tax Abatement
LDFA Local Development Financing Authority
LRC Land Reutilization Committee
MBWE Minority Business Women Enterprise
MCL Michigan Compiled Laws
MDEGLE Michigan Department of Environment, Great Lakes, and Energy
MDNR Michigan Department of Natural Resources
MDOT Michigan Department of Transportation
MEDC Michigan Economic Development Corporation
MHPN Michigan Historic Preservation Network
Page 130 of 265
MIOSHA Michigan Occupational Safety and Health Act
MML Michigan Municipal League
MZEA Michigan Zoning Enabling Act
NAM Neighborhood Association of Muskegon
NIMBY Not in My Back Yard
NPS National Parks Service
NPU Neighborhood Policing Unit
NTHP National Trust for Historic Preservation
OMA Open Meetings Act
PSD Principal Shopping District
PC Planning Commission
PILOT Payment in Lieu of Taxes
PJ Participating Jurisdiction
PUD Planned Unit Development
QBS Qualifications Based Selection
RFP Request for Proposals
RLF Revolving Loan Fund
RRP Rental Rehabilitation Program
SEV State Equalized Value
SHPO State Historic Preservation Office
SHPRB State Historic Preservation Review Board
SPR Site Plan Review
SUP Special Use Permit
TDR Transfer of Development Rights
TEDF Transportation Economic Development Fund
Page 131 of 265
TIFA Tax Increment Finance Authority
ULA Urban Land Assembly
USGS United States Geologic Survey
WEMET West Michigan Enforcement Team
WMSRDC West Michigan Shoreline Regional Development Commission
ZBA Zoning Board of Appeals
Document edit notes
Action Person Date Change
New L. Mikesell, A. New handbook
Meisch
Page 132 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Amendment to the Zoning Ordinance -
Removing B-3 and RT Districts.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend the zoning ordinance by eliminating B-3, Central Business, and RT,
Two-Family Residential districts, and all other references to these districts in the zoning ordinance.
Detailed Summary & Background:
The B-3, Central Business District has been replaced by the Form Based Code (FBC). All properties that
were zoned B-3 were rezoned to FBC in 2015 and there would be no reason to rezone any new
parcels to B-3. Once removed, Section 1200 (B-3) will be reserved for future use in the zoning
ordinance.
In 2025, all properties zoned RT, Two-Family residential were rezoned to R, Residential. The RT district is
no longer needed since zoning reform was passed in 2024. Duplexes may now be built in R districts.
Section 600 (RT) will be reserved for future use in the zoning ordinance.
Please see the attached files that show the removal of these references throughout the zoning
ordinance.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Zoning Ordinance
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move the request to amend the zoning ordinance by eliminating B-3, Central Business, and RT, Two-
Family Residential districts, and all other references to these districts be approved.
Approvals: Guest(s) Invited / Presenting:
Page 133 of 265
Immediate Division X No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 134 of 265
ARTICLE XXIII – GENERAL PROVISIONS
approval of WSCF in the past, current FCC license holders, and any other entities requesting to be
included on the list. Copies of the notice letters shall be provided to the City at the time the application
is filed. If, during a period of 30 days after the notice letters are sent to potential users, a user or users
request, in writing, to co-locate on the new WCSF, the applicant shall accommodate the request(s),
unless co-location is not reasonably possible based on the criteria of this subsection.
Removal of Abandoned WCSFs:
All providers owning a wireless telecommunications support facility shall notify the zoning administrator when
the use of said tower located in the municipality will be discontinued and the date it will cease. Any WCSF which
is abandoned shall be removed or demolished within 90 days of abandonment. For the purposes of this section,
abandoned shall mean that no WCA or other commercial antenna has been operational and located on the
WCSF for 180 days or more.
Where a WCSF is abandoned but not removed or demolished as required, the City may remove or secure the
removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to
be placed on the property. A lien on the property shall be superior to all other liens except taxes.
SECTION 2322: DAY CARE/CHILD CARE FACILITIES
Foster Family Homes, Foster Family Group Homes, Family Day Care Homes, and Group Day Care Homes shall be
allowed as Principal Uses in the R, RT, RM-1, RM-2, and MC districts subject to the following provisions:
1. Such uses shall be duly licensed or registered by the State Department of Consumer and Industry
Services.
2. Buildings and lots so used shall conform to all State and local code requirements.
3. A minimum of 400 square feet of outdoor play area is available on the premises or within 500 feet of the
property.
Child Care Centers and Day Care Centers shall be allowed as Special Uses, subject to the provisions of Section
2332 in the R, RT, RM-1, RM-2, RM-3, B-1, OSR, LR, and WM districts. They shall also be allowed as Principal
Uses separately or as part of a building in the MC, B-2, B-3, B-4, I-1, and I-2 districts. Child Care Centers and Day
Care Centers, whether they fall under the Special Use of Principal Use category shall be subject to the following
provisions:
1. Such uses shall be duly licensed by the State Department of Consumer and Industry Services.
2. Buildings and lots so used shall conform to all State and local code requirements.
3. A minimum of 35 square feet of indoor play area shall be provided for each child. Play area shall be
computed exclusively of hallways, bathrooms, reception and office areas, kitchens, storage areas and
closets, and areas used exclusively for rest or sleep.
4. A minimum area of 1,200 square feet of outdoor play area shall be provided either on the premises or
at parks or other outdoor facilities that are easily accessible by walking or by transportation. Play area
shall not be hard-surfaced.
177
Page 135 of 265
ARTICLE XXIII – GENERAL PROVISIONS
SECTION 2332: SPECIAL LAND USES AND PLANNED UNIT DEVELOPMENTS
1. The Planning Commission shall have the power to review and in some cases approve applications as
authorized by State law or the following sections of this ordinance: Sections 401, 403, 515, 601, 602,
701, 702, 801, 802, 901, 902, 1001, 1002, 1101, 1102, 1201, 1202, 1301, 1302, 1401, 1402, 1501, 1502,
1601, 1602, 1701, 1702, 1801, 1802, 1901, 1902, 2001, 2002, 2101, 2317. A best faith effort shall be
made by the Planning Commission to process petitions for Special Uses and preliminary Planned Unit
Developments within 60 days. In the case of final Planned Unit Development plans, the City Commission,
after receiving a recommendation from the Planning Commission, shall approve, deny or approve with
conditions the petition within 60 days.
2. Applications, Filing Procedures, Fees
An application shall be filed with the Zoning Administrator who shall, in the case of Planned Unit
Developments, contain a statement of the cost thereof, who shall transmit the same, together with
plans, specification and other papers pertaining to the application to the Planning Commission.
Such application shall be heard within a reasonable time as prescribed by the rules and regulations of
the Planning Commission and State law.
The Zoning Administrator shall not receive any application without payment by the applicant to the City
Treasurer of the applicable fees as specified in the City’s Master Fee Schedule as adopted by a resolution
of the City Commission and in effect at the time of applications.
3. Hearings and Notices
After receipt of an application for a Special Land Use or PUD, a notice shall be published in a newspaper
of general circulation. In addition to such notice, a notice shall also be served personally or by mail to all
owners of real property of all structures within three hundred (300) feet of the property in question.
Such notice shall be given fifteen days prior to the hearing. If the owner is not known, the term occupant
may be used in making notification. The notice shall include:
a. The nature of the Special Land Use request.
b. A description of the property which is the subject of the Special Land Use request.
c. The location and date of the hearing.
d. Where and when written comments will be received.
Any party may appear at such hearing in person or by agent or attorney.
4. Discretionary decisions, standards, and conditions
Consistent with the City or Village Zoning Enabling Act (PA, 207, 1921, and amended), the Planning
Commission shall approve, deny or approve with conditions applications for Special Use or activities. The
standards upon which decisions are made shall be consistent with, and promote the intent and purpose
of the Zoning Ordinance, and insure that the land use or activity authorized shall be compatible with
208
Page 136 of 265
ARTICLE XXIII – GENERAL PROVISIONS
e. Changeable copy or message boards shall be part of a fixed, permanent sign and shall have rigid
letters.
f. Electronic message boards shall be permitted for all churches and businesses granted a special
use permit to operate in a residential district, provided:
i. One electronic message board shall be permitted per premise.
ii. Electronic message boards shall be dimmed at dusk.
iii. Electronic message boards shall not be permitted for home businesses.
7. Permitted signs in the MC, B-2, B-3, B-4, B-5, I-1, and I-2 zones:
a. Scope: Signs shall pertain exclusively to the business carried on within the building.
b. Lighting: Signs may be illuminated, but no flashing or moving illumination shall be permitted.
c. Number: One monument, or pole sign is permitted per property, regardless of the number of
businesses there, except that one additional freestanding sign may be erected per road frontage
when the development has parallel frontage on at least one major street or corner frontages on
at least one major street, totaling over 500 linear feet. Properties with frontage on Muskegon
Lake are permitted an additional monument or pole sign on the water frontage only.
d. Wall, Awning or Braquet Signs, Size: Signs shall not exceed ten (10) percent of the surface area
of the commercial portion of the front building face and may be placed on any wall. In the case
where the building is over one hundred feet (100’) from the road, this allotment may be 15% of
the front face of the storefront. In the case where the building is over 300 feet from the road,
this allotment may be 20% of the front face of the storefront. In the case where the property has
parallel frontage on at least one major street or corner frontage on at least one major street, this
allotment may be 15% of the front face of the storefront.
e. Wall, Awning or Braquet Signs, Placement: Signs shall be placed against the principal building or
on a canopy. Signs shall not project above the roof line or cornice. No wall sign shall interrupt or
conceal the architectural details of a building. A sign attached to a mansard shall be considered
a wall sign.
f. Changeable copy or electronic message boards: Shall be permitted provided:
i. One changeable or electronic message board shall be permitted per premise.
ii. Changeable copy boards shall be part of a fixed, permanent sign and shall have rigid
letters.
iii. Electronic message boards shall be dimmed at dusk.
iv. Electronic message board supports shall be at least seventy-five (75) feet from any
residential use or zone.
223
Page 137 of 265
ARTICLE XXIII – GENERAL PROVISIONS
TABLE IB: PARKING STANDARDS
NUMBER OF MINIMUM PARKING SPACES PER UNIT
USE
OF MEASURE
RESIDENTIAL & RELATED USES
One (1) space for each sleeping room, plus two (2)
Bed and breakfast operations
spaces for permanent residents.
One (1) space for each bedroom or each two (2)
Boarding houses, fraternities, sororities
occupants of the structure, whichever is greater.
Community residential care facilities < 6 persons Four (4) spaces.
One (1) space for each four (4) beds, plus one (1)
Convalescent homes, convents or similar uses
space for every three (3) employees.
Two (2) spaces for each mobile home site, plus one (1)
Mobile home parks
space for each mobile home park employee.
Multiple familyResidential dwellings One (1) space for each dwelling unit.
Single and two family dwellings One (1) space for each dwelling unit.
CIVIC, NONPROFIT, INSTITUTIONAL, PUBLIC & PRIVATE RECREATION & RELATED USES
Educational and social institutions:
Auditoriums and gyms (incidental to) schools,
One (1) space for each six (6) seats, plus one (1) space
churches, & institutional buildings of similar
for every two (2) employees.
use with fixed seats
Auditoriums (other than incidental to schools
and churches), lodge halls, fraternal One (1) space for every six (6) persons of legal
organizations, private clubs, public meeting capacity as established by fire, building or health
halls, community centers, or buildings of codes.
similar use without fixed seats
One (1) space for each four hundred (400) sq. ft. of
Charitable or philanthropic organizations
usable floor area.
Two (2) per classroom, plus separate parking where
Elementary and junior high schools the school contains an auditorium and/or stadium or
gym.
One (1) space for every employee, plus one (1) space
High schools and colleges
for each five (5) students.
One (1) space for each three (3) patient beds, plus one
Hospitals, sanitariums
(1) space for each three (3) employees.
Orphanages One (1) per employee and one (1) per six (6) beds.
One (1) space for every eight hundred (800) sq. ft. of
Libraries, museums, post offices usable floor area, plus one (1) space for every four (4)
employees.
Nursery school, home day care or child care One (1) space for each four hundred (400) sq. ft. of
centers usable floor area.
One (1) space for every two (2) member families or
Private golf clubs, swimming pool clubs, tennis
individuals, plus spaces required for each accessory
clubs, lodges or other similar uses
use, such as a restaurant or bar.
187
Page 138 of 265
ARTICLE VI – RT TWO-FAMILY RESIDENTIAL DISTRICTS[RESERVED]
ARTICLE VI – RT TWO-FAMILY RESIDENTIAL DISTRICTS[RESERVED]
PREAMBLE
The RT Two-Family Residential Districts are designed to be compatible with one (1) family residential densities,
and to be located along major thoroughfares so as to provide transition between the thoroughfare and one (1)
family district. The RT zones of transition between higher density RM and MHP Districts, or nonresidential
districts, and low density one (1) family residential districts.
SECTION 600: PRINCIPAL USES PERMITTED
In an RT Two-Family Residential District, no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses, unless otherwise
provided in this Ordinance:
1. One and two family detached dwellings.
2. Municipal, county, state, or federal buildings or properties of public service types, not including storage
yards, warehouses, or garages, provided that no such building shall be located less than thirty (30) feet
from any other lot in a residential district.
3. Cemeteries adjacent to, or an extension of, existing cemeteries.
4. Home occupations of a non-industrial nature may be permitted. Permissible home occupations include,
but are not limited to the following:
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f. Teaching of music or dancing or similar instruction, limited to one client at a time
g. Offices located within the dwelling for a writer, consultant, member of the clergy, lawyer,
physician, architect, engineer or accountant, limited to one client/family at a time.
h. All home occupations are subject to the following:
i. The businessperson operating the home occupation shall reside in the dwelling and only
members of the immediate family residing on the premises may be employed.
ii. The business shall have a local business license and any other appropriate licensing or
registrations required by local, state or federal law.
63
Page 139 of 265
ARTICLE VI – RT TWO-FAMILY RESIDENTIAL DISTRICTS[RESERVED]
iii. No equipment or process shall be used in home occupations which creates noise,
vibration, glare, fumes, odor, or electrical interference detectable to the normal senses
of persons off the lot. In the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference with any radio or television receivers
off the premises or causes fluctuations in the line voltage off the premises.
iv. Explosives, flammable liquids or combustible liquids shall only be used in compliance with
the applicable fire and building codes.
v. Activities involving kilns or welding equipment shall comply with the applicable fire and
building codes.
vi. The outside appearance of the premises shall have no visible evidence of the conduct of
a home occupation.
vii. Home occupations may not serve as headquarters or dispatch centers where employees
come to the site and are dispatched to other locations.
viii. All activity must be conducted within a preexisting structure. The home occupation shall
not require internal or external alterations or involve construction features not
customarily found in dwellings.
ix. There shall be no exterior display or signage other than that signage allowed for home
occupations under the sign requirements of this ordinance.
x. No goods shall be kept, or sold which are made or assembled off-site, except as incidental
to services rendered.
xi. The primary function of the premises shall be that of the residence of the family, and the
occupation shall not exceed twenty-five (25) percent of the principal building.
xii. There shall be no outside storage or processing.
xiii. The home occupation shall not involve the routine use of commercial vehicles for delivery
of materials to and from the premises. There shall be no commercial vehicles associated
with the home occupation, nor parking of more than one (1) business car, pickup truck or
small van on the premises.
xiv. Activities specifically prohibited (but not limited to) include:
(1) A service or repair of motor vehicles, appliances and other large equipment
(2) A service or manufacturing process which would normally require industrial
zoning
(3) A commercial food service requiring a license
(4) A limousine service
64
Page 140 of 265
ARTICLE VI – RT TWO-FAMILY RESIDENTIAL DISTRICTS[RESERVED]
(5) A lodging service including but not limited to, a tourist home, motel or hotel
(6) A tattoo parlor
(7) An animal hospital or kennel
(8) A lawn service
xv. No activity legally excluded by any deed restriction or other tenant or owner restrictions
shall be permitted.
5. Adult Foster Care Family Homes, provided that such facility shall be at least one thousand five hundred
(1,500) feet from any other similar facility.
6. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
SECTION 601: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
1. Accredited fraternity or sorority houses, when located not less than twenty (20) feet from any other lot
in any R District.
2. Access driveway or walk connecting premises in a B or I District with one or more public streets provided
no part of such driveway shall be located at a distance greater than thirty (30) feet from any boundary
line of any said districts nor at a distance less than ten (10) feet of the side lot line of an adjoining lot,
which lot is in any residential district, and provided that between such driveway and any such side lot
line, but not within ten (10) feet of the front lot line, there shall be maintained a solid wall or front fence,
or a compact evergreen hedge not less than five (5) feet high.
3. Tourist homes having not more than two (2) guest rooms, provided the premises front on a street which
is officially designated as a major thoroughfare or collector thoroughfare.
4. Schools and colleges for academic instruction, provided that no principal building shall be located less
than thirty (30) feet from any other lot in an R District.
5. Private noncommercial recreation areas, institutional or community recreation centers provided that
any principal building used therefor shall be located not less than thirty (30) feet from any other lot in
any R District, subject to provisions of Section 401 - 1 (a through f).
6. Churches and other facilities normally incidental thereto subject to the following conditions:
a. The site shall be so located as to provide for ingress and egress from said site directly onto a
major or secondary thoroughfare.
65
Page 141 of 265
ARTICLE VI – RT TWO-FAMILY RESIDENTIAL DISTRICTS[RESERVED]
b. The principal buildings on the site shall be set back from abutting properties zoned for residential
use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100, may be allowed provided
front, side, and rear yards are increased above the minimum requirements by one (1) foot for
each foot of building that exceeds the maximum height allowed.
7. Adult Foster Care Small Group Homes, provided that such facility shall be at least one thousand five
hundred (1,500) feet from any other similar facility.
8. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following:
a. Retail and/or service establishments meeting the intent of the neighborhood Limited Business
Zone (B-1) dealing directly with consumers including:
i. Any generally recognized retail business which supplies new commodities on the
premises for persons residing in adjacent residential areas such as: groceries, meats, dairy
products, baked goods or other foods, drugs, dry goods, and notions or hardware.
ii. Any personal service establishment which performs services on the premises for persons
residing in adjacent residential areas, such as: shoe repair, drop-off dry cleaning shops,
tailor shops, beauty parlors, barber shops, dressmaker, tailor, pharmacist, or an
establishment doing radio, television, or home appliance repair, and similar
establishments that require a retail character no more objectionable than the
aforementioned, subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
iii. Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects,
engineers, accountants, and similar or allied professions.
iv. Restaurants, or other places serving food, except drive-in or drive-through restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of motor vehicles and
other large equipment; manufacturing processes which would normally require industrial zoning;
any activity which may become a nuisance due to noise, unsightliness or odor; and any activity
which may adversely affect surrounding property.
c. Conditions:
i. Outdoor storage is prohibited.
ii. The area devoted to approved uses shall not exceed 2,500 square feet.
iii. All goods produced on the premises shall be sold at retail on the premises where
produced.
66
Page 142 of 265
ARTICLE VI – RT TWO-FAMILY RESIDENTIAL DISTRICTS[RESERVED]
iv. All business, servicing, or processing shall be conducted within a completely enclosed
building, or in an area specifically approved by the Planning Commission.
v. Parking shall be accommodated on site or with limited street parking.
vi. Hours of operation may be limited by the Planning Commission.
vii. Signs must comply with those set forth for the residential zoning district.
viii. The Planning Commission may allow a use to sell alcohol, however the Commission may
limit the type of license applied for or obtained for the sale of alcohol to an SDM, hours
of operation, and any other restrictions intended to stabilize, protect, and encourage the
residential character of the area. The use must gain approval from the Michigan Liquor
Control Commission before alcohol can be sold.
9. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
10. Uses similar to the above Special Land Uses Permitted.
SECTION 602: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the Two-Family Residential districts is to allow mixed land
uses which are compatible to each other, while prohibiting nonresidential uses which would not be compatible
or harmonious with residential dwellings.
SECTION 603: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 8,712 sq. feet.
2. Density (see definition in Article II): 10 dwelling units per buildable acre.
3. Maximum lot coverage:
Buildings: 50%
Pavement 10%
4. Lot width: 75 feet (shall be measured at road frontage unless a cul-de-sac, then measured from setback).
5. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
6. Height limit: 2 stories or 35 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
67
Page 143 of 265
ARTICLE VI – RT TWO-FAMILY RESIDENTIAL DISTRICTS[RESERVED]
7. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 15 feet
Note: For minimum front setbacks new principal structures on minor streets may align with existing
principal structures in the immediate area even if the setback is below the minimum required.
8. Rear setback: 30 feet
9. Setback from the ordinary high-water mark or wetland: 40 feet (principal structures only).
10. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the
nearest point of the determined drip line of buildings.
11. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line
provided:
a. The building has an approved fire rating for zero-lot line development under the building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or plot
plan.
e. It is not adjacent to wetlands, or waterfront.
12.1. The dwelling shall have a storage area in a basement located under the dwelling, in an attic area,
in closet areas, or in a separate structure of standard construction similar to or of better quality than the
principal dwelling, which storage area shall be equal to at least ten percent (10%) of the square footage
of the dwelling or one hundred (100) square feet, whichever shall be more, exclusive of storage space
for automobiles.
68
Page 144 of 265
ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-1 Low-Density Multiple-Family Residential Districts are designed to provide sites for multiple family
dwelling structures, and related uses, which will generally serve as zones of transition between the
nonresidential districts and the lower density Neighborhood Residential and Two-Family Residential Districts,
and MHP Mobile Home Park Districts.
SECTION 700: PRINCIPAL USES PERMITTED
In an RM-1 Low-Density Multiple-Family Residential District no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R Neighborhood Residential and RT Two-Family Residential Districts
with the lot area, yard, and floor area requirements for one (1) and two (2) family dwellings equal to at
least the requirements of the immediately abutting residential district.
2. Multiple dwellings and row houses for any number of families.
3. Accredited fraternity and sorority houses when located not less than twenty (20) feet from any other lot
in any residential district.
4. Bed & Breakfast facilities, under the following conditions:
a. The owner or operator of the tourist home shall live full-time on the premises.
b. No structural additions or enlargements shall be made to accommodate the tourist home use
and no exterior alterations to the structure shall be made which will change the residential
appearance of the structure.
c. Breakfast may be served on the premises, only for guests of the facility, and no other meals shall
be provided to guests.
d. No long-term rental of rooms for more than fourteen (14) consecutive days shall be permitted.
No guest may stay for more than twenty-eight (28) nights in any given year.
e. There shall be a maximum of five (5) guestrooms. No more than two (2) adults are permitted to
stay in any guestroom.
f. Signage shall conform to that which is permitted for home occupation businesses only.
g. Rental of the tourist home for special gatherings such as wedding receptions and parties shall be
prohibited.
h. The property shall meet all local and state code requirements regarding bed and breakfast
facilities.
69
Page 145 of 265
ARTICLE VIII – RM-2 MEDIUM-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
ARTICLE VIII – RM-2 MEDIUM-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-2 Medium-Density Multiple-Family Residential Districts are intended to be selectively planned at
locations in the city so as to provide transition between nonresidential areas and One- and Two-FamilyR
Neighborhood Residential Districts, and between nonresidential areas and RM-1 Low-Density Multiple-Family
Residential Districts.
SECTION 800: PRINCIPAL USES PERMITTED
In an RM-2 Medium-Density Multiple-Family Residential District no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R Neighborhood Residential Districts, RT Two-Family Residential
Districts, and RM-1 Low-Density Multiple-Family Residential Districts, subject to the applicable
regulations of this District.
2. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
3. Adult Foster Care Large Group Homes.
4. Uses similar to the above Principal Uses Permitted.
SECTION 801: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
1. All Section 601 401 and 701 Special Land Uses Permitted in the RT Two-FamilyR Neighborhood
Residential Districts and RM-1 Low-Density Multiple Family Residential Districts, subject to the applicable
regulations of this District.
2. Adult Foster Care Congregate Facilities, provided that such facility shall be at least one thousand five
hundred (1,500) feet from any other similar facility.
3. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following:
a. Retail and/or service establishments meeting the intent of the neighborhood Limited Business
Zone (B-1) dealing directly with consumers including:
i. Any generally recognized retail business which supplies new commodities on the
premises for persons residing in adjacent residential areas such as: groceries, meats, dairy
products, baked goods or other foods, drugs, dry goods, and notions or hardware.
76
Page 146 of 265
ARTICLE X – B-1 LIMITED BUSINESS DISTRICTS
ARTICLE X – B-1 LIMITED BUSINESS DISTRICTS
PREAMBLE
The B-1 Limited Business Districts are designed primarily for the convenience of persons residing in adjacent
residential areas or neighborhoods, and to permit only such uses as are necessary to satisfy those limited basic,
daily shopping and/or service needs, which by their very nature are not similar to the shopping patterns of the
B-2 convenience and Comparison, B-3 Central Business District, and B-4 General Business Districts. B-1 Districts
are also intended to be utilized at planned locations in the city as zones of transition between major
thoroughfares and residential areas, and between intensive nonresidential areas and residential areas. In the B-
1 District all business establishments shall be retail and/or service establishments dealing directly with
consumers. All goods produced on the premises shall be sold at retail on the premises where produced. All
business, servicing or processing, except off-street parking or loading, shall be conducted within a completely
enclosed building, or in an area specifically approved by the City.
SECTION 1000: PRINCIPAL USES PERMITTED
In a B-1 Limited Business District no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one (1) or more of the following specified uses, unless otherwise provided for in
this Ordinance:
1. Any generally recognized retail business which supplies new commodities on the premises for persons
residing in adjacent residential areas such as: groceries, meats, dairy products, baked goods or other
foods, drugs, dry goods, and notions or hardware. No individual uses, either freestanding or in a group
of uses, shall exceed two thousand five hundred (2,500) square feet in area.
2. Any personal service establishment which performs services on the premises for persons residing in
adjacent residential areas, such as: Shoe repair, dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio, television, or home appliance
repair, and similar establishments that require a retail character no more objectionable than the
aforementioned, subject to the provision that no more than five (5) persons shall be employed at any
time in the sale, repair, or other processing of goods.
3. Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects, engineers,
accountants, and similar or allied professions. No individual use shall exceed two thousand five hundred
(2,500) square feet in area.
4. Office buildings for any of the following types of occupations: executive, administrative and professional.
No individual use shall exceed two thousand five hundred (2,500) square feet in area.
5. Residential uses as part of a building in this zone shall be allowed upon issuance of a Certificate of
Occupancy from the Department of Inspections, provided that the minimum lot area requirements of
the RM-1 District are met.
6. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
89
Page 147 of 265
ARTICLE XII – B-3 CENTRAL BUSINESS DISTRICT[RESERVED]
ARTICLE XII – B-3 CENTRAL BUSINESS DISTRICT[RESERVED]
PREAMBLE
The City of Muskegon B-3 Central Business District is designed and intended to provide for and regulate land
and building uses so as to continue to create a shopping, living, cultural, governmental, office, heritage, and
institutional focal point for the City of Muskegon and the Muskegon Area. The District is designed to provide
flexibility to encourage a diversity of uses, yet provide regulatory standards to create and maintain a safe and
aesthetic environment.
SECTION 1200: PRINCIPAL USES PERMITTED
In the B-3 Central Business District, no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one (1) or more of the following specified uses, unless otherwise provided in this
Ordinance.
1. Retail sales of new merchandise and commodities provided that all sales are made from a completely
enclosed building except that this section shall not prohibit the sales of antique collector items, this
section shall prohibit the operation of a store whose primary sales are previously used products, except
as further regulated.
2. Professional and personal services of any type where any repair work done on the premises is incidental
to the service rendered.
3. Banks, including those with drive-in windows, and other financial institutions.
4. Restaurants, cocktail lounges and brewpubs.
5. Business schools, or private schools operated for profit. Examples of private schools permitted herein
include, but are not limited to, the following: dance schools, music and voice schools, and art studios.
6. Offices of business, government, and the professions.
7. Hotels and motels.
8. Indoor theaters.
9. Microbreweries, small wineries and small distilleries, as long as the brewing area is less than 2,500
square feet.
10. Residential uses as part of a building in this business zone shall be allowed upon issuance of Certificate
of Occupancy from the Department of Inspections.
11. Medical marijuana caregiver facilities to the extent licensed pursuant to City Code Sections 34-101
through 34-107.
12. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
13. Uses similar to the above Principal Uses Permitted.
99
Page 148 of 265
ARTICLE XII – B-3 CENTRAL BUSINESS DISTRICT[RESERVED]
SECTION 1201: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions and any other reasonable conditions imposed by the
Planning Commission.
1. Automobile service stations for the sale of gasoline, oil, and minor repair, not including major repair such
as engine rebuilding, undercoating, and similar industrially oriented activities and subject further to the
following:
a. The curb cuts for ingress and egress to a service station shall not be permitted at such locations
that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances
shall be no less than twenty-five (25) feet from a street intersection (measured from the
roadway) or from adjacent residential property, and subject to other Ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged that ample
space is available for motor vehicles which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a residential district or residential
uses a four foot (4’) completely obscuring wall or fence. The height of the wall or fence shall be
measured from the surface of the ground.
d. All lighting shall be shielded from adjacent residential districts and from abutting streets.
2. Amusements and recreational facilities, including bowling alleys and skating rinks.
3. Commercial parking lots and parking structures.
4. Churches and other facilities normally incidental thereto subject to the following conditions:
a. The site shall be so located as to provide for ingress and egress from said site directly onto a
major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned for residential
use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be allowed provided
front, side, and rear yards are increased above the minimum requirements by one (1) foot of
building that exceeds the maximum height allowed.
5. Specialized adult educational programs, under the following conditions:
a. The program must be associated with a school district.
b. No residency will be permitted in the facility.
c. The hours of operation will be limited to the regular school hours of the associated school district.
100
Page 149 of 265
ARTICLE XII – B-3 CENTRAL BUSINESS DISTRICT[RESERVED]
d. The facility must be located either on a major street or within two (2) blocks of regular bus
service.
e. No more than 75 students can be associated with the program.
6. Live music concert halls, under the following conditions:
a. The business will operate in such a manner as to comply with the Noise Ordinance enacted by
the City of Muskegon. No music (either live or piped) will be permitted outside the building.
b. The business will maintain security staff, both inside and outside the building, at all times when
open to customers. Loitering will not be permitted on or around the site.
c. The business will not operate between the hours of 3:00am and 8:00am. No person of 16 years
of age or younger will be permitted within the business after midnight and must directly exit the
premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be checked for litter every
day before opening.
e. Security lighting will be provided for the site.
7. Multiple family residential uses of various types and densities. Any new multiple family construction shall
be compatible and/or complementary to the character of the surrounding area as determined by the
Planning Commission.
8. Private clubs, lodge halls, social and similar organizations, including assembly or rental halls.
9. Galleries and museums.
10. Antique shops.
11. Wind Turbine Facilities.
12. Microbreweries, small wineries and small distilleries with brewing areas larger than 2,500 square feet.
13. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
14. Uses similar to the above Special Land Uses Permitted.
SECTION 1202: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the B-3 Central Business District is to allow mixed land uses,
which are compatible to each other, while prohibiting nonresidential uses which would not be compatible or
harmonious with residential dwellings or other commercial uses.
SECTION 1203: AREA AND BULK REQUIREMENTS
101
Page 150 of 265
ARTICLE XII – B-3 CENTRAL BUSINESS DISTRICT[RESERVED]
1. Minimum lot size: 4,000 sq. feet.
2. Maximum lot coverage:
Buildings: 100%
Pavement: 25%
3. Lot width: 30 feet (shall be measured at road frontage unless a cul-de-sac, then measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
5. Height Limit:
Maximum height: 6 stories or 90 feet
Minimum height: 2 stories or 35 feet
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
6. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
Note: For minimum front setbacks new principal structures on minor streets may align with existing
principal structures in the immediate area even if the setback is below the minimum required.
7. Rear setback: 10 feet
8. Setback from the ordinary high-water mark or wetland: 75 feet (principal structures only).
9. Side setbacks: no requirement
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the
nearest point of the determined drip line of buildings.
102
Page 151 of 265
ARTICLE XII – B-3 CENTRAL BUSINESS DISTRICT[RESERVED]
10. Zero lot line option: New principal buildings may be erected on the rear lot line provided:
a. The building has an approved fire rating for zero-lot line development under the building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or plot
plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is
employed for a structure or fire access. At least fifty percent of all required front setbacks shall be
landscaped and adjacent to the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage.
103
Page 152 of 265
ARTICLE XIII – B-4 GENERAL BUSINESS DISTRICTS
ARTICLE XIII – B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities including
automotive services and goods, and is generally incompatible with the uses in the B-1, and B-2, and B-3 Business
Districts. Placement along presently developed major traffic arteries prevents the conflict of traffic and
pedestrian movement since the General Business District is characterized by a minimum of pedestrian flow. The
B-4 General Business Districts have been located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses, unless otherwise
providing in this Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the following:
a. The curb for ingress and egress to a service station shall not be permitted at such locations that
will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be
no less than twenty-five (25) feet from a street intersection (measured from the road right-of-
way) or from adjacent residential districts.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged that ample
space is available for motor vehicles which are required to wait.
c. Major automobile repair, engine and body repair, steam cleaning and undercoating may be
allowed when conducted on the site, and said uses shall be within a completely enclosed building.
The storage of wrecked automobiles on the site shall be obscured from public view. No
automobile or vehicle of any kind shall be stored in the open for a period exceeding one (1) week.
d. All rest rooms doors shall be shielded from adjacent streets and residential districts.
e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
7. Self-service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
104
Page 153 of 265
ARTICLE III – ZONING DISTRICTS AND MAP
ARTICLE III – ZONING DISTRICTS AND MAP
SECTION 300: DISTRICTS
For the purposes of this Ordinance, the City of Muskegon is hereby delineated in the following Districts:
R Neighborhood Residential
MHP Mobile Home Park
RT Two Family Residential
RM-1 Low Density Multiple Family Residential
RM-2 Medium Density Multiple Family Residential
RM-3 High Density Multiple Family Residential
MC Medical Care
B-1 Limited Business
B-2 Convenience and Comparison Business
B-3 Central Business
B-4 General Business
B-5 Central Governmental Service
I-1 Light Industrial
I-2 General Industrial
WI-PUD Waterfront Industrial Planned Unit Development
OSC Open Space Conservation
OSR Open Space Recreation
LR Lakefront Recreation
WM Waterfront Marine
FBC Form Based Code
SECTION 301: BOUNDARIES
The boundaries of these Districts are hereby established as shown on the Official Zoning Map which
accompanies this Ordinance, and which map with all notations, references, and other information shown
thereon shall be as much a part of this Ordinance as if fully described herein.
1. Unless shown otherwise, the boundaries of the Districts are lot lines, section lines, the centerlines of
streets, alleys, roads, or such lines extended, and the Corporate Limits of the City of Muskegon.
2. Where, due to the scale, lack of detail, or illegibility of the Zoning Map accompanying this Ordinance, if
there is any uncertainty, contradiction or conflict as to the intended location of any District boundaries,
shown thereon, interpretation concerning the exact location of District boundary lines shall be
determined by the Board of Appeals, upon written application.
SECTION 302: ZONING OF VACATED AREAS
Whenever any street, alley or other public way within the City of Muskegon shall have been vacated by official
government action, and when the lands within the boundaries thereof attach to and become a part of the land
formerly abutting such vacated street, alley or public way shall automatically, and without further governmental
actions, thenceforth acquire and be subject to the same zoning regulations as are applicable to the lands to
46
Page 154 of 265
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to remove RT, Two-Family Residential and B-3, Central Business districts from the zoning
ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Sections 600, 601, 602, 603, 1200, 1201, 1202, and 1203 are removed from the ordinance and will be reserved
for future ordinances.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 155 of 265
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 14th day of April 2026, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2026. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 156 of 265
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 14, 2026, the City Commission of the City of Muskegon adopted
an ordinance to remove RT and B-3 districts from the zoning ordinance.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2026. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 157 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Amendment to the Zoning Ordinance -
Establishing Maximum Lot Widths in R Districts
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend Section 404 of the zoning ordinance to establish maximum lot widths
in R, Neighborhood Residential districts.
Detailed Summary & Background:
Currently, the zoning ordinance requires a minimum width of 30 feet for residential lots.
In the Form Based Code, there is also maximum lot widths, which is 60 feet. This request is to make this
same standard a requirement in all R, Residential districts, not just Form Based Code districts. Minimum
lot widths for single-family (30), duplexes (40) and triplexes (50) will remain the same.
The master plan references the need for zoning restrictions that would eliminate the possibility of
combining several lots, which reduces housing development. See Goal 2 and Recommendation 2 in
the master plan attachment.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Master Plan
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move the request to amend Section 404 of the zoning ordinance to establish maximum lot widths in
R, Neighborhood Residential districts be approved.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X No
Head
Page 158 of 265
Information
Technology
Other Division Heads
Communication
Legal Review
Page 159 of 265
ARTICLE IV – R NEIGHBORHOOD RESIDENTIAL DISTRICTS
5. Spacing: The distance between buildings shall not be less than 10 feet and front setbacks shall not be
less than 10 feet.
6. Waterfront: Where a cluster development abuts a body of water, at least 50% of the shoreline, as well
as reasonable access to it, shall be a part of the common open space land.
7. Utility of common open space: Common open space in any one residential cluster shall be laid out, to
the maximum extent feasible, to connect with other open space existing or proposed.
8. Size: Minimum parent parcel size is 21,780 square feet (one-half acre).
9. Bonus units: Where the developer provides additional open space or amenities within the development,
additional density may be granted. A maximum of a 10% unit bonus may be granted to the development
for additional amenities such as: public trail easements, additional open space, additional common
waterfront area, and additional landscaping.
SECTION 404: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 3,000 sq. feet.
2. Maximum lot coverage:
Buildings: 70%
Pavement 20%
*When a lot is covered over 80% by the combination of buildings and pavement, the remaining
amount of pavement allowed must be pervious.
3. Lot width: 30 feet
Minimum: 30 feet
Maximum: 60 feet
(*Shall be measured at road frontage unless a cul-de-sac, then measured from setback).
4. Height limit: 2 stories or 35 feet. Exception: Homes located in an established Historic District may be up
to 3 stories or 45 feet, if found to be compatible with other homes within 600 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
5. Front Setbacks:
Minimum: 10 feet
Maximum: 30 feet
55
Page 160 of 265
Goal 2: Infill vacant residential lots with new housing options.
Discussion
Like any developed city, Muskegon has a limited supply of developable land and few opportunities for greenfield housing
development. While this plan touches on interim measures for managing the city’s significant supply of publicly- and
privately-owned vacant residential lots, the long-term strategy is to return these properties to productive use through the
construction of infill housing. This is easier said than done, and a multifaceted approach to efficient use of available land
is needed to achieve the many other interrelated goals of this plan.
As discussed in Goal 1, a reduction in Muskegon’s housing stock can be partially attributed to housing demolitions
outpacing construction of new housing. As the hundreds of vacant residential lots throughout the city once contained
houses, their redevelopment will be critical in addressing the current housing shortage.
When considering how to efficiently develop the city’s remaining available land it is worth revising Muskegon’s historic
population statistics. The city’s peak population was reported in the 1950 census at nearly 50,000; in the decades since,
the population has steadily declined, but what is often overlooked is the substantial growth in the city’s total land area in
that same timespan.
“Density” is a term that can be unclear in its definition. When used in
While Muskegon’s total population has this plan, density typically refers to the number of dwelling units – i.e.
declined to just under 80% of its 1950 peak, houses or apartments – per acre of land developed. One house on a lot
the gross population density has declined at that is an acre in size has a density of one dwelling unit per acre (often
an even greater rate. It is estimated that written 1 DU/Acre). One house on a lot that is 1/10th of an acre in size
current population density – about 4.23 has a density of ten dwelling units per acre (10 DU/Acre) as does a ten-
people per acre – is about 55% of unit apartment building on a lot that is one acre in area. The more
Muskegon’s population density in 1950. dwelling units existing or planned within a given area of land, the higher
the residential density.
160.0%
140.0%
120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
1870 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2020
Percent of Peak Population Percent of Peak Population Density
With such a drastic reduction in population and population density, it is critical that Muskegon better utilize existing
infrastructure. Having been built out for a far larger population, the vacant land found in many areas does not contribute
to the expenses associated with existing infrastructure and services, and instead shifts those costs onto the remaining
residents.
City of Muskegon Master Land Use Plan Housing & Neighborhoods |8
Page 161 of 265
Requests from property owners to purchase adjacent vacant lots for larger yards may sound reasonable, but it is
imperative that the cost of the services and infrastructure for those properties be considered. Additional yard space
generates little additional property taxes, whereas building a new house would replenish the property taxes lost when the
previous house was demolished. This loss can be significant for an individual lot, so it is critical to calculate the cost when
the same situation happens many times over.
A residential lot containing a single house that has grown to be nearly 1.5 acres through acquisition of surrounding vacant
lots that formerly contained houses. This property does not contribute nearly enough in property taxes to pay for the
infrastructure serving it – in this case, 475 total feet of street. The community as a whole is subsidizing the private, almost
rural, quality afforded to this lot.
City of Muskegon Master Land Use Plan Housing & Neighborhoods |9
Page 162 of 265
Recommendations
H2.1 Track vacant property in the city and utilize the information in marketing pieces and sale policies.
Maintain maps of vacant residential properties and develop marketing initiatives to educate and inform potential
developers and homebuilders on development opportunities. Maintain a lot sale policy that incentivizes projects
that meet the City’s current housing goals.
H2.2 Educate and partner with other groups or individuals that own large quantities of vacant land in the city
(Muskegon County, State of Michigan, private property owners) to create additional opportunities for infill
housing construction on vacant lots, regardless of ownership.
The City, State, and County have separate lot sale policies and differing reasons to dispose of property, which
complicates redevelopment efforts. Improved communication efforts between governmental agencies should
help make each aware of the others’ goals.
Establish an intergovernmental policy addressing the sale of vacant property that ensures appropriate
redevelopment and responsible use of the city’s limited supply of land.
Land use regulations and lot sale policies should prohibit combining multiple properties without appropriate
development. The City of Muskegon Policy for the Use & Sale of City-Owned Residential Property serves as a step
in the right direction, but codifying this policy would need to come in the form of maximum lot size regulations
incorporated into the zoning ordinance.
H2.3 Partner with developers to construct infill housing. Explore unique development agreements that utilize the City’s
resources that pair with a developer’s strengths to construct new housing in established residential areas.
Structure development agreements to enable new housing that addresses the range of needs and price points
seen in the community (affordability, accommodating various family sizes, etc.).
H2.4 Involve a wide range of developers to ensure variety in housing products and to provide architectural diversity.
Require individual developers to provide multiple floorplans and interior layouts that draw from the needs and
architectural styles of the immediate neighborhood.
Create Request for Proposals that seek developers that provide Infill housing in neighborhoods that contribute to
the diverse architectural history of the city’s neighborhoods and avoid creating repetitious floorplans and/or
designs.
When building new housing in concentrated areas, it is important to encourage diversity in architecture. While
home styles should fit in with the rest of the neighborhood, it will be best to avoid duplicated designs within close
proximity to one another.
City of Muskegon Master Land Use Plan Housing & Neighborhoods | 10
Page 163 of 265
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 404 of the zoning ordinance to set maximum lot widths in R, Residential
districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Amendment to Section 404: Area and Bulk Requirements
3. Lot width:
Minimum: 30 feet
Maximum: 60 feet
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 164 of 265
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 14th day of April 2026, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2026. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 165 of 265
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 14, 2026, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 404 of the zoning ordinance to establish maximum lot widths in R
districts.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2026. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 166 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Amendment to the Zoning Ordinance -
Establishing Minimum Density Requirements in
Multi-Family Districts
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend Sections 703, 803, and 903 to set minimum density requirements for
multi-family housing districts.
Detailed Summary & Background:
The zoning ordinance sets maximum density requirements for multi-family housing. These standards
can be viewed in the RM-1 (Low-Density Multiple-Family), RM-2 (Medium-Density Multiple-Family), and
RM-3 (High-Density Multiple-Family) sections of the zoning ordinance.
Staff is proposing to set a minimum density requirement in these districts as well, to ensure the proper
amount of housing in each development. Currently, a property zoned RM-3, designated for the
highest density, could use the development standards of the RM-1 districts, which would allow for the
development of a lone, single-family house.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move the request to amend Sections 703, 803, and 903 to set minimum density requirements for
multi-family housing districts be approved.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X No
Page 167 of 265
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 168 of 265
ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Development in the RM-1 Low-Density Multiple-Family Residential District is
to allow mixed land uses, which are compatible to each other, while prohibiting nonresidential uses which would
not be compatible or harmonious with residential dwellings.
SECTION 703: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 10,890 sq. feet.
2. Density (see definition in Article II): 16 dwelling units per buildable acre.
Minimum: 14 dwelling units per buildable acre.
Maximum: 16 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 60%
Pavement: 20%
5. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
8. Height limit: 3 stories or 50 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
9. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 20 feet
10. Rear setback: 30 feet
11. Setback from the ordinary high-water mark or wetland: 50 feet (principal structures only).
74
Page 169 of 265
ARTICLE VIII – RM-2 MEDIUM-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the RM-2 Medium Density Multiple Family Residential District
is to allow mixed land uses, which are compatible to each other, while prohibiting nonresidential uses which
would not be compatible or harmonious with residential dwellings.
SECTION 803: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 14,520 sq. feet.
2. Density (see definition in Article II): 24 dwelling units per buildable acre.
Minimum: 17 dwelling units per buildable acre.
Maximum: 24 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%
5. Lot width: 125 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
8. Height limit: 4 stories or 60 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
9. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 20 feet
10. Rear setback: 30 feet
11. Setback from the ordinary high-water mark or wetland: 50 feet (principal structures only).
78
Page 170 of 265
ARTICLE IX – RM-3 HIGH-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
2. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
3. Uses similar to the above Special Land Uses Permitted.
SECTION 902: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the RM-3 High Density Multiple Family Residential District is
to allow mixed land uses, which are compatible to each other, while prohibiting nonresidential uses which would
not be compatible or harmonious with residential dwellings.
SECTION 903: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 21,780 sq. feet.
2. Density (see definition in Article II): 48 dwelling units per buildable acre.
Minimum: 25 dwelling units per buildable acre.
Maximum: 48 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%
5. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
8. Height limit: 5 stories or 80 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
9. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
82
Page 171 of 265
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Sections 703, 803, and 903 to set minimum density requirements for multi-family
housing districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Amendment to Section 703: Area and Bulk Requirements
2. Density
Minimum: 14 dwelling units per acre.
Maximum: 16 dwelling units per acre.
Amendment to Section 903: Area and Bulk Requirements
2. Density
Minimum: 17 dwelling units per acre.
Maximum: 24 dwelling units per acre.
Amendment to Section 903: Area and Bulk Requirements
2. Density
Minimum: 25 dwelling units per acre.
Maximum: 48 dwelling units per acre.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
Page 172 of 265
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 173 of 265
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 14th day of April 2026, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2026. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 174 of 265
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 14, 2026, the City Commission of the City of Muskegon adopted
an ordinance to amend Sections 703, 803, and 903 of the zoning ordinance to establish minimum
density requirements in multifamily districts.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2026. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 175 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Fireworks Display Permit for Muskegon
Country Club
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Pyrotecnico Fireworks, Inc., is requesting approval of a fireworks display permit for Thursday, July 2,
2026, at Muskegon Country Club, 2801 Lakeshore Drive. The Fire Marshall will inspect the fireworks on
the day of the event.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approve the fireworks display permit for Pyrotecnico Fireworks, Inc., pending site inspection the day
of the launch.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 176 of 265
Page 177 of 265
Page 178 of 265
Page 179 of 265
Page 180 of 265
Page 181 of 265
Page 182 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Soccer in the Sand
Submitted by: Jacqui Erny, Admin Department: DPW- Parks and Recreation
Brief Summary:
Soccer in the Sand and Inside Out's Volleyball Tournament have both applied to hold their events at
Pere Marquette on July 25-26, 2026. Per the event policy, two events cannot occur on the same date
at Pere Marquette. Soccer in the Sand is seeking an exception to be made.
Detailed Summary & Background:
2024 event
2025 changes
2026 changes
Soccer in the Sand Event Details include:
• Location: Pere Marquette (south of the playground)
• Setup: Friday, July 24
• Competition Dates: Saturday, July 25 & Sunday, July 26, 9:00 a.m. – 5:00 p.m.
• Tear down: Sunday, July 26, at 6 pm
• Description: Soccer in the Sand is a 5 v 5 sand soccer tournament held annually at Pere
Marquette since 2018. Teams can consist of 5 to 11 players and play against other teams in a
similar age group. Games are three 11-minute periods. Each team is guaranteed 3 games with
opportunities to advance to the semifinals and finals.
• Attendance: In 2025, there were approximately 1,200 participants, with a total attendance
estimated at approximately 4,000.
Inside Out Volleyball tournament and Soccer in the Sand have been on the same weekend since
their inception. With the exponential growth of the Soccer in the Sand tournament in 2024, there
were significant issues with traffic at the beach. In 2025, the City's beach shuttle service began, and a
total of 86 individuals used the tan line and 110 individuals used the blue line that weekend. Also in
2025, the tournament changed the scheduling structure to morning and afternoon blocks. Staff saw
an improvement in traffic flow from the previous year. For the 2026 event, the MATS bus system can
start the beach shuttles earlier to cover the tournament's hours.
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Staff reviewed options with MATS and Soccer in the Sand at the Commission's request.
Page 183 of 265
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
I move to approve the Soccer in the Sand Tournament to be held on July 25-26, 2026, at Pere
Marquette provided that the event works with City staff to cover the costs of additional shuttle hours.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 184 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Resolution to approve the NEZ District at
2400 Lakeshore Dr
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 147 of 1992, as amended, the City of Muskegon has received a request to
establish a Neighborhood Enterprise Zone (NEZ) district for the property located at 2400 Lakeshore
Drive, commonly known as Windward Pointe and the former Sappi Paper Mill site. .
Detailed Summary & Background:
The proposed NEZ district would support the development of single-family, owner-occupied
residential units within the development at 2400 Lakeshore Drive. The attached district request letter
includes two outlined areas, with the larger 44-acre area representing Phase 1 of the development
and the smaller 21.46-acre area representing Phase 2. If established, eligible property owners within
the district would be able to apply for NEZ certificates, which provide a reduction in property taxes
on newly constructed residential housing.
In accordance with state requirements, notice of the proposed NEZ district was mailed to all affected
taxing jurisdictions on February 12, 2026, and a public hearing was held within the required
timeframe. A map was included with the notice; however, an incomplete image of the district was
inadvertently provided. No comments or requests for clarification were received from any taxing
jurisdictions. State law also requires that a resolution establishing an NEZ district not be adopted until
at least 60 days after notice has been issued.
The proposed resolution to establish the NEZ district at 2400 Lakeshore Drive is now being presented
for City Commission consideration. State law allows up to 15% of a local government’s total land area
to be designated as NEZ districts. The City of Muskegon currently utilizes 13.34% of its allowable NEZ
designation. Based on the addition of the proposed district, it is estimated that the City’s total NEZ
district land area will be approximately 14.1%, remaining within the statutory limit. At the request of
the City Commission, staff also evaluated the cumulative NEZ district acreage associated with
projects submitted by the same developer, including Terrace Point Landing, the Shaw development,
and the proposed Sappi district, which total 85.94 acres and would represent approximately 0.91% of
the City’s total land area if the Sappi district is approved.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Page 185 of 265
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to approve the resolution establishing the Neighborhood Enterprise Zone district at 2400
Lakeshore Drive, as presented.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division PA 147 of 1992, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 186 of 265
January 30, 2026
Via Email: [email protected]
Ms. Ann Meisch
City Clerk
City of Muskegon
933 Terrace St
Muskegon, MI 49440
Re: Amended Neighborhood Enterprise Zone ("NEZ") District Designation
Request for the Proposed Parkland Acquisition Six, LLC Project – Windward
Pointe
Dear Ms. Meisch:
On behalf of my client, Parkland Acquisition Six, LLC, a Michigan limited liability
company (“Parkland”), we request that, pursuant to Act 147 of the Public Acts of Michigan of
1992, as amended, MCL 207.773(1), a NEZ district designation be awarded to the area identified
in the attached map for the property located at 2400 Lakeshore Drive. This request amends the
prior request dated August 29, 2025 and limits the requested zone designation to the first two
phases of the overall project site.
Parkland has since acquired the property from Pure Muskegon, LLC, and is actively
working towards redevelopment of the site.
Thank you for your time and consideration of this request. If I can provide any additional
information or be of assistance, please do not hesitate to contact me directly at (616) 752-2447.
Very truly yours,
Jared T. Belka
Enclosures
cc: Jon Rooks via e-mail
Rory Charron via e-mail
George Holmes via e-mail
Jared T. Belka | Partner
D 616.752.2447
E [email protected]
150 Ottawa Ave. NW, Suite 1500
Grand Rapids, MI 49503 Page 187 of 265
PROPOSED DISTRICT
Property Description:
Property Address: LAKESHORE DR, MUSKEGON, MI 49441
Tax Parcel No.: 24-205-598-0001-10
Parcel Size: 44 +/- acres
Legal Description: That part of Blocks 598, 599, 601, 602, 603 and 604 of the Revised
Plat (of 1903) of the City of Muskegon, according to the recorded plat thereof, as recorded
in Liber 3 of Plats, Page 71 and part of the Northwest 1/4 of Section 35 and the Northeast
1/4 of Section 34, Town 10 North, Range 17 West, City of Muskegon, Muskegon County,
Michigan, described as: Commencing at the West 1/4 corner of said Section 35; thence
N02°12'49"E 1677.46 feet along the West line of said Section to the Point of Beginning;
thence S82°47'56"W 50.55 feet; thence Southwesterly 186.25 feet along a 367.00 foot
radius curve to the left, said curve having a central angle of 29°04'38", and a chord bearing
S68°15'37"W 184.26 feet; thence Southwesterly 257.49 feet along a 333.00 foot radius
curve to the right, said curve having a central angle of 44°18'12", and a chord bearing
S75°52'24"W 251.12 feet; thence S13°42'45"W 15.79 feet; thence Southwesterly 95.90
feet along a 267.00 foot radius curve to the left, said curve having a central angle of
20°34'23", and a chord bearing S03°25'23"W 95.38 feet; thence Southeasterly 239.57 feet
along a 2012.48 foot radius curve to the left, said curve having a central angle of 06°49'14",
and a chord bearing S10°16'50"E 239.42 feet; thence Southwesterly 700.49 feet along a
250.48 foot radius curve to the right, said curve having a central angle of 160°13'48", and
a chord bearing S69°41'27"W 493.53 feet; thence Northwesterly 369.37 feet along a 267.00
foot radius curve to the left, said curve having a central angle of 79°15'51", and a chord
bearing N83°20'11"W 340.61 feet; thence Northwesterly 564.61 feet along a 314.98 foot
radius curve to the right, said curve having a central angle of 102°42'11", and a chord
Page 188 of 265
bearing N71°37'01"W 492.00 feet; thence N19°15'29"W 176.42 feet; thence S70°44'31"W
235.50 feet; thence S19°15'29"E 170.95 feet; thence Southwesterly 48.47 feet along a 49.50
foot radius curve to the right, said curve having a central angle of 56°06'05", and a chord
bearing S08°47'33"W 46.56 feet; thence S36°50'36"W 73.36 feet; thence Southwesterly
48.86 feet along a 49.50 foot radius curve to the right, said curve having a central angle of
56°32'58", and a chord bearing S65°07'04"W 46.90 feet; thence N86°36'27"W 176.27 feet;
thence S03°23'33"W 99.79 feet; thence Southeasterly 39.11 feet along a 35.00 foot radius
curve to the left, said curve having a central angle of 64°01'09", and a chord bearing
S28°37'01"E 37.10 feet; thence Southwesterly 194.32 feet along a 60.00 foot radius curve
to the right, said curve having a central angle of 185°33'57", and a chord bearing
S32°09'23"W 119.86 feet; thence N86°36'27"W 178.67 feet; thence N03°27'29"E 419.63
feet; thence S86°36'27"E 110.19 feet; thence S79°07'05"E 44.92 feet; thence Northeasterly
81.82 feet on a 166.00 foot radius curve to the right, said curve having a central angle of
28°14'26" and a chord bearing N30°56'43"E 81.00 feet; thence N33°06'55"W 12.65 feet;
thence N19°15'19"W 139.80 feet to Reference Point "A"; thence continuing N19°15'19"W
16 feet, more or less, to the Water's Edge of Muskegon Lake; thence Northeasterly along
said Water's Edge to a line bearing N02°26'40"E from Reference Point "B", said Reference
Point "B" being N73°38'29"E 177.12 feet; N70°33'27"E 559.46 feet; S05°07'58"E 477.00
feet; N79°06'45"E 242.00 feet; N06°24'39"W 513.00 feet; N73°53'16"E 571.33 feet;
S69°37'49"E 343.90 feet; N81°39'10"E 1074.06 feet; S83°56'05"E 175.31 feet;
S85°50'16"E 497.19 feet; and S80°44'18"E 151.35 feet from said Reference Point "A", the
previous 11 calls being along an Intermediate Traverse Line; thence S02°26'40"W 17 feet,
more or less, to said Reference Point "B"; thence continuing S02°26'40"W 1199.14 feet;
thence N87°33'20"W 134.58 feet; thence S69°06'08"W 14.26 feet; thence S20°53'52"E
322.75 feet; thence Southwesterly 66.50 feet along a 1367.00 radius curve to the left, said
curve having a central angle of 02°47'14", and a chord bearing S76°03'58"W 66.49 feet
along the Northerly Right of Way of Lakeshore Drive; thence N20°53'52"W 401.11 feet;
thence Northwesterly 141.78 feet along a 348.00 radius curve to the right, said curve having
a central angle of 23°20'33", and a chord bearing N09°13'36"W 140.80 feet; thence
N02°26'40"E 820.16 feet; thence N84°34'17"W 553.81 feet; thence Southwesterly 213.27
feet along a 962.00 foot radius curve to the left, said curve having a central angle of
12°42'08", and a chord bearing S89°09'00"W 212.83 feet; thence S82°47'56"W 378.38 feet
to the Point of Beginning.
Page 189 of 265
Property Address: LAKESHORE DR, MUSKEGON, MI 49441
Tax Parcel No.: 24-205-598-0001-01
Parcel Size: 21.46 acres
Legal Description: That part of Blocks 598, 599, 601, 602, 603 and 604 of the Revised
Plat (of 1903) of the City of Muskegon, according to the recorded plat thereof, as recorded
in Liber 3 of Plats, Page 71 and part of the Northwest 1/4 of Section 35 and the Northeast
1/4 of Section 34, Town 10 North, Range 17 West, City of Muskegon, Muskegon County,
Michigan, described as: Commencing at the West 1/4 corner of said Section 35; thence
N02°12'49"E 347.07 feet along the West line of said Section; thence S87°48'45"E 973.32
feet; thence Northeasterly 351.39 feet along a 1367.00 foot radius curve to the left, said
curve having a central angle of 14°43'41", and a chord bearing N84°49'25"E 350.42 feet,
the previous 2 calls being along the Northerly Right-of-Way line of Lakeshore Drive, a
66.00 foot wide public Right-of-Way; thence N20°53'52"W 221.24 feet to the Point of
Beginning; thence continuing N20°53'52"W 179.88 feet; thence Northwesterly 23.05 feet
along a 348.00 foot radius curve to the right, said curve having a central angle of 03°47'43",
and a chord bearing N19°00'01"W 23.05 feet to Reference Point "A"; thence S78°20'19"W
115.14 feet; thence Southwesterly 75.74 feet along a 333.00 foot radius curve to the right,
said curve having a central angle of 13°01'53", and a chord bearing S84°51'16"W 75.57
feet; thence S02°26'46"W 242.34 feet; thence S87°50'31"E 146.53 feet; thence
N54°35'59"E 151.65 feet to the Point of Beginning.
ALSO: Recommencing at said Reference Point "A"; thence Northwesterly 66.10 feet along
a 348.00 foot radius curve to the right, said curve having a central angle of 10°52'58", and
a chord bearing N11°39'41"W 66.00 feet to the Point of Beginning; thence continuing
Northwesterly 52.63 feet along a 348.00 foot radius curve to the right, said curve having a
central angle of 08°39'52", and a chord bearing N01°53'16"W 52.58 feet; thence
N02°26'40"E 820.16 feet; thence N84°34'17"W 553.81 feet; thence Southwesterly 213.27
feet along a 962.00 foot radius curve to the left, said curve having a central angle of
12°42'08", and a chord bearing S89°09'00"W 212.83 feet; thence S82°47'56"W 357.49 feet
Page 190 of 265
to Reference Point "B"; thence S07°12'04"E 42.30 feet; thence Southeasterly 54.55 feet
along a 332.00 foot radius curve to the right, said curve having a central angle of 09°24'53",
and a chord bearing S02°29'37"E 54.49 feet; thence S02°12'49"W 81.68 feet; thence
S87°47'11"E 129.00 feet; thence N88°28'30"E 89.97 feet; thence Northeasterly 107.95 feet
along a 3449.20 foot radius curve to the left, said curve having a central angle of 01°47'35",
and a chord bearing N79°52'43"E 107.95 feet; thence Northeasterly 252.42 feet along a
762.00 foot radius curve to the right, said curve having a central angle of 18°58'47", and a
chord bearing N88°28'19"E 251.27 feet; thence Southeasterly 81.63 feet along a 2253.48
foot radius curve to the left, said curve having a central angle of 02°04'31", and a chord
bearing S83°04'34"E 81.62 feet; thence Southeasterly 6.24 feet along a 421.00 foot radius
curve to the left, said curve having a central angle of 00°50'59", and a chord bearing
S84°32'19"E 6.24 feet; thence S84°57'48"E 270.26 feet; thence S14°41'16"E 79.80 feet;
thence S02°26'40"W 551.64 feet; thence Southeasterly 87.25 feet along a 498.00 foot
radius curve to the left, said curve having a central angle of 10°02'17", and a chord bearing
S02°34'28"E 87.14 feet; thence Northeasterly 35.28 feet along a 267.00 foot radius curve
to the left, said curve having a central angle of 07°34'15", and a chord bearing N82°07'27"E
35.26 feet; thence N78°20'19"E 115.14 feet to the Point of Beginning.
ALSO: Recommencing at said Reference Point "B"; thence S82°47'56"W 71.44 feet;
thence Southwesterly 186.25 feet along a 367.00 foot radius curve to the left, said curve
having a central angle of 29°04'38", and a chord bearing S68°15'37"W 184.26 feet; thence
Southwesterly 62.77 feet along a 333.00 foot radius curve to the right, said curve having a
central angle of 10°48'03", and a chord bearing S59°07'20"W 62.68 feet to the Point of
Beginning; thence continuing Southwesterly 194.71 feet along a 333.00 foot radius curve
to the right, said curve having a central angle of 33°30'09", and a chord bearing
S81°16'26"W 191.95 feet; thence S13°42'45"W 15.79 feet; thence Southwesterly 95.90
feet along a 267.00 foot radius curve to the left, said curve having a central angle of
20°34'45", and a chord bearing S03°25'23"W 95.38 feet; thence Southeasterly 239.57 feet
along a 2012.48 foot radius curve to the left, said curve having a central angle of 06°49'14",
and a chord bearing S10°16'50"E 239.42 feet; thence Southwesterly 700.49 feet along a
250.48 foot radius curve to the right, said curve having a central angle of 160°13'48", and
a chord bearing S69°41'27"W 493.53 feet; thence Northwesterly 157.34 feet along a 267.00
foot radius curve to the left, said curve having a central angle of 33°45'50", and a chord
bearing N60°35'11"W 155.07 feet to Reference Point "C"; thence S05°25'56"W 120.27
feet; thence Southwesterly 40.12 feet along a 158.00 foot radius curve to the right, said
curve having a central angle of 14°32'56", and a chord bearing S12°42'23"W 40.01 feet;
thence Southeasterly 73.18 feet along a 150.00 foot radius curve to the right, said curve
having a central angle of 27°57'07", and a chord bearing S59°27'07"E 72.45 feet; thence
Southeasterly 160.98 feet along a 717.02 foot radius curve to the left, said curve having a
central angle of 12°51'48", and a chord bearing S51°54'27"E 160.64 feet; thence
Northeasterly 797.85 feet along a 384.56 foot radius curve to the left, said curve having a
central angle of 118°52'21", and a chord bearing N62°13'18"E 662.26 feet; thence
Northeasterly 20.86 feet along a 366.02 foot radius curve to the left, said curve having a
central angle of 03°15'53", and a chord bearing N01°09'07"E 20.85 feet; thence
Northwesterly 93.87 feet along a 443.39 foot radius curve to the left, said curve having a
central angle of 12°07'46", and a chord bearing N06°32'43"W 93.69 feet; thence
Northwesterly 6.35 feet along a 366.00 foot radius curve to the left, said curve having a
central angle of 00°59'40", and a chord bearing N13°06'26"W 6.35 feet; thence
Northwesterly 167.50 feet along a 1855.22 foot radius curve to the right, said curve having
a central angle of 05°10'23", and a chord bearing N11°01'05"W 167.44 feet; thence
Northeasterly 96.10 feet along a 483.00 foot radius curve to the left, said curve having a
Page 191 of 265
central angle of 11°23'58", and a chord bearing N72°22'58"E 95.94 feet; thence
N18°32'25"W 150.76 feet to the Point of Beginning.
ALSO: Recommencing at said Reference Point "C"; thence Northwesterly 66.17 feet along
a 267.00 foot radius curve to the left, said curve having a central angle of 14°11'57", and a
chord bearing N84°34'04"W 66.00 feet to the Point of Beginning; thence continuing
Southwesterly 145.86 feet along a 267.00 foot radius curve to the left, said curve having a
central angle of 31°18'03", and a chord bearing S72°40'55"W 144.06 feet; thence
Southwesterly 149.63 feet along a 314.98 foot radius curve to the right, said curve having
a central angle of 27°13'08", and a chord bearing S70°38'28"W 148.23 feet to Reference
Point "D"; thence S00°45'04"W 380.60 feet; thence Southwesterly 139.07 feet along a
1533.00 foot radius curve to the right, said curve having a central angle of 05°11'52", and
a chord bearing S03°21'00"W 139.02 feet; thence S05°56'55"W 93.54 feet; thence
S87°18'12"E 149.86 feet along the Northerly Right-of-Way line of Lakeshore Drive, a
66.00 foot wide public Right-of-Way; thence N00°45'04"E 498.15 feet; thence
Northeasterly 78.47 feet along a 464.98 foot radius curve to the left, said curve having a
central angle of 09°40'08", and a chord bearing N64°23'04"E 78.37 feet; thence
Northeasterly 50.69 feet along a 150.00 foot radius curve to the right, said curve having a
central angle of 19°21'49", and a chord bearing N69°13'54"E 50.45 feet; thence
Northeasterly 44.81 feet along a 92.00 foot radius curve to the left, said curve having a
central angle of 27°54'14", and a chord bearing N19°23'02"E 44.36 feet; thence
N05°25'56"E 120.27 feet to the Point of Beginning.
ALSO: Recommencing at said Reference Point "D"; thence Northwesterly 66.12 feet along
a 314.98 foot radius curve to the right, said curve having a central angle of 12°01'41", and
a chord bearing N89°44'08"W 66.00 feet to the Point of Beginning; thence continuing
Northwesterly 348.85 feet along a 314.98 foot radius curve to the right, said curve having
a central angle of 63°27'22", and a chord bearing N51°59'36"W 331.29 feet; thence
N19°15'29"W 176.42 feet; thence S70°44'31"W 235.50 feet; thence S19°15'29"E 170.95
feet; thence Southwesterly 48.47 feet along a 49.50 foot radius curve to the right, said curve
having a central angle of 56°06'05", and a chord bearing S08°47'33"W 46.56 feet; thence
S36°50'36"W 73.36 feet; thence Southwesterly 48.86 feet along a 49.50 foot radius curve
to the right, said curve having a central angle of 56°32'58", and a chord bearing
S65°07'04"W 46.90 feet; thence N86°36'27"W 176.27 feet; thence S03°23'33"W 99.79
feet; thence Southeasterly 39.11 feet along a 35.00 foot radius curve to the left, said curve
having a central angle of 64°01'09", and a chord bearing S28°37'01"E 37.10 feet; thence
Southeasterly 15.87 feet along a 60.00 foot radius curve to the right, said curve having a
central angle of 15°09'12", and a chord bearing S53°03'00"E 15.82 feet; thence
S86°36'27"E 217.11 feet; thence Northeasterly 51.82 feet along a 52.50 foot radius curve
to the left, said curve having a central angle of 56°32'58", and a chord bearing N65°07'04"E
49.74 feet; thence N36°50'36"E 205.42 feet; thence Southeasterly 292.25 feet along a
461.30 foot radius curve to the left, said curve having a central angle of 36°17'56", and a
chord bearing S52°35'45"E 287.39 feet; thence S02°32'55"W 467.98 feet; thence
S84°03'05"E 115.94 feet along said Northerly line of Lakeshore Drive; thence
N05°56'55"E 93.54 feet; thence Northeasterly 133.08 feet along a 1467.00 foot radius
curve to the left, said curve having a central angle of 05°11'52", and a chord bearing
N03°21'00"E 133.04 feet; thence N00°45'04"E 380.04 feet to the Point of Beginning.
Contains 21.46 acres. Subject to easements, restrictions and rights-of-way of record.
Page 192 of 265
23201268-20230927-PREL1 09/27/2023 @ 12:52 pm
MUSKEGON LAKE
P9
19
2
3 P7 3
16
P2 16
P8 P12
16 17
P10
16 22
P4 P11
4
60’ SLIPS
P3 P6
3
16
22 7
3
50’ SLIPS
3
13
3
P5
45’ SLIPS
4 16
15 5
2
P13
40’ SLIPS
3
18 12
8
50’ SLIPS
P2 4
12 15
21
P1 10
7
P14
11 5 18
20 7
17 23 9
4
9
P15
SETBACK
YARD
REAR
15.0'
6
P15
18 14 1.0'
6
SIDE
YARD
P15
SETBACK
1 26.00 22.00
SETBACK
YARD
REAR
15.0'
18
1 LAKESHORE DRIVE 1
60.00
60.00
102.5
TYP.
100.0 TYP. 34.0
ET
MIN.
90.0
24.00 24.00
5.0'
RE
SIDE
2.0
LAURUE STREET
YARD
SHERIN STREET
LEBOEUF STREET
SETBACK
LINCOLN STREET
K ST
150.0 TYP.
94.0
94.0
60.00
60.00
102.5
TYP.
MAR
90.0
24.00 24.00
34.0
N
22.00 26.00 MIN.
D E
SETBACK
SETBACK
FRONT
FRONT
YARD
YARD
22.0'
22.0'
HARRISON AVENUE
INTERIOR GROUND FLOOR PARKING
POSSIBLE ON-STREET PARKING
(2) DRIVEWAY SPACES
LEGEND NOTES TYPICAL LOT CONFIGURATIONS
1 SITE ENTRANCE 9 MIXED-USE BUILDING (GROUND FLOOR RETAIL, Site Location: 2400 Lakeshore Dr. Muskegon, Michigan 34’ X 150’ LOTS
17 PUBLIC FISHING AND KAYAK LAUNCH 26’/22’ X 205’ LOTS 10-12 UNIT CONDO OR APT. “MANSION” LOTS 10-12 UNIT CONDO OR APT. “MANSION” LOTS
APARTMENTS ABOVE)
Site Area = 122.94 ac. 2 STORY WITH BASEMENT 2 STORY WITH BASEMENT 3 TO 5 STORY STRUCTURES 3 TO 5 STORY STRUCTURES
2 SINGLE FAMILY LOT (26’-22’ X 205’ TYP.) 10 IN-OUT DRY BOAT STORAGE (115’ X 720’ BUILDING WITH 18 MULTI-MODAL TRAIL CONNECTOR
APPROXIMATELY 350 STORAGE SPACES) Existing Zoning = I-2 (General Industrial) MUSKEGON
MUSKEGON
LAKE LAKE
3 SINGLE FAMILY LOT (34’ X 150’ TYP.) - MAY BE COMBINED 11 MARINA RESTROOMS 19 POOL AND RESTROOM BUILDING Proposed Zoning = PUD (Planned Unit Development)
TO CREATE LARGER WATERFRONT LOTS 26.00 22.00 26.0
26.00 22.0
22.00 26.0 22.0
ALLEY
100.0 TYP.
SETBACK
YARD
REAR
15.0'
Proposed Dwellings MUSKEGON
MUSKEGON 90.0
26’/22’x205’ Lots = 114 dwellings
4 10-12 UNIT CONDO OR APARTMENT “MANSION” LOTS (100’ 12 CLUBHOUSES WITH POOLS AND SPORT COURTS 20 BOAT HOIST/WASH STATION AREA
SETBACK
SETBACK
LAKE LAKE
YARD
YARD
REAR
REAR
34’x150’ Lots = 107 dwellings
15.0'
15.0'
5.0' 5.0'
X 150’ TYP.)
WALK
7.0'
60.00
SETBACK
60.00
60.0
60.0
102.5
102.5
90.0
TYP.
TYP.
YARD
REAR
SIDE YARD SIDE YARD
10-12 Unit “Mansion” Lot Dwellings =
SETBACK 620-744 dwellings
1.0'
5.0'
100.0 TYP. 100.0 TYP. SETBACK 34.0 34.0 34.0 34.0 34.0 34.0 SIDE
48-Unit Building Condos/Apts = 1,296 dwellings (21 buildings) MIN. MIN. MIN. MIN. MIN. MIN.
YARD
115.0 TYP.
SETBACK
150.0 TYP.
5.0' 5.0'
94.0
94.0
5 10-12 UNIT CONDO OR APARTMENT REAR ALLEY LOADED 13 CLUBHOUSE WITH RESTAURANT, POOL, AND PUBLIC 21 STAGING SLIPS 18’ X 40’ Townhomes
90.0 STAIR EL90.0 STAIR EL = 35 Units (10 buildings) 24.00 24.0
24.00 24.0 SIDE SIDE
“MANSION” LOTS (100’ X 115’ TYP.) RESTROOMS Mixed-Use Apartments = 50 dwellings YARD
SETBACK
YARD
SETBACK
2.0 2.0
205.0'
205.0'
94.0
94.0
5.0'
Proposed Density = 19.1 d.u./ac. 90.0
SIDE
YARD
6 48-UNIT 4-STORY APARTMENT OR CONDO BUILDING WITH 14 RETAIL BUILDING
SETBACK
150.0 TYP.
150.0 TYP.
22 COMMUNITY OPEN SPACE/TREE PRESERVATION AREA
94.0
94.0
94.0
94.0
150.0
150.0
MIN.
MIN.
POSSIBLE FUTURE GROUND FLOOR RETAIL [APARTMENT WITH WALKING PATHS Retail/Office Space = 37,500 sq.ft.
85.0
60.00
85.0
60.00
90.0
60.0
60.0
BUILD TO LINE
BUILDINGS FRONTING ON LAKESHORE DRIVE]
SETBACK
12' - 20'
FRONT
102.5
102.5
YARD
TYP.
TYP.
22.0'
100.0 TYP.
90.0 90.0
Boat Storage = 111,600 sq.ft. (350 spaces)
24.00 24.0
24.00 24.0 24.0 24.0
7 48-UNIT 4-STORY APARTMENT OR CONDO BUILDING WITH 15 PUBLIC NATURE VIEW BOARDWALK WITH FISHING 23 FUTURE RESTAURANT Boat Slips = 224 slips (31 public slips)
22.0'
22.0'
MIN.
VARIES
MIN.
VARIES
INTERIOR GROUND FLOOR PARKING
GROUND FLOOR PARKING 34.0 34.0 34.0 34.0 34.0 34.0
22.0'
22.0'
MIN.
MIN.
22.0'
22.0'
MIN.
MIN.
POSSIBLE ON-STREET PARKING
60’ slips = 24 slips 22.00 26.00 22.0
22.00 26.0
26.00 22.0 26.0 MIN. MIN. MIN. MIN. MIN. MIN.
PUBLIC ROAD (2) DRIVEWAY SPACES
50’ slips = 83 slips (31 public slips)
8 REAR LOAD TOWNHOMES (18’ X 40’ TYP.) 16 PUBLIC PARKLET WITH WATERFRONT ACCESS AND 45’ slips = 54 slips
FISHING DOCK 40’ slips = 63 slips
September 27, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’
(2) DRIVEWAY SPACES
(2) DRIVEWAY SPACES POSSIBLE ON-STREET PARKINGON-STREET PARKING
POSSIBLE
INTERIOR GROUND FLOOR PARKING
INTERIOR GROUND FLOOR PARKING
WINDWARD POINTE 0' 15' 30' 60' ALLEY PARKING IN LIEU OF
GROUND FLOOR PARKING ALLEY
PRELIMINARY PUD GENERAL DEVELOPMENT PLAN - PUBLIC AREA & PEDESTRAIN CIRCULATION EXHIBIT
SCALE: 1" = 30'
project number: 23201268
WALK
7.0'
SETBACK
90.0
YARD
REAR
1.0'
5.0 TYP.
Page 193 of 265
23201268-20230927-PREL1 09/27/2023 @ 12:52 pm
MUSKEGON LAKE
P9
19
2
16
3
P7 3
P2 16
P8 P12
16 17
P10
16 22
P4 P6
4
60’ SLIPS
P3 P11
3
16
22 7
3
50’ SLIPS
3
13
3
P5
45’ SLIPS 4 16
15 5
2
P13
40’ SLIPS
3
18 12
8
50’ SLIPS
P2 4
12 15
21
P1 10
7
P14
11 5 18
20 7
17 23 9
4
9
P15
SETBACK
YARD
REAR
15.0'
6
P15
18 14 1.0'
6
SIDE
YARD
P15
SETBACK
1 26.00 22.00
SETBACK
YARD
REAR
15.0'
18
1 LAKESHORE DRIVE 1
60.00
60.00
102.5
TYP.
100.0 TYP. 34.0
ET
MIN.
90.0
24.00 24.00
5.0'
RE
SIDE
2.0
LAURUE STREET
YARD
SHERIN STREET
LEBOEUF STREET
SETBACK
LINCOLN STREET
K ST
150.0 TYP.
94.0
94.0
60.00
60.00
102.5
TYP.
MAR
90.0
24.00 24.00
34.0
N
22.00 26.00 MIN.
D E
SETBACK
SETBACK
FRONT
FRONT
YARD
YARD
22.0'
22.0'
HARRISON AVENUE
INTERIOR GROUND FLOOR PARKING
POSSIBLE ON-STREET PARKING
(2) DRIVEWAY SPACES
LEGEND NOTES TYPICAL LOT CONFIGURATIONS
1 SITE ENTRANCE 9 MIXED-USE BUILDING (GROUND FLOOR RETAIL, Site Location: 2400 Lakeshore Dr. Muskegon, Michigan
17 PUBLIC FISHING AND KAYAK LAUNCH 26’/22’ X 205’ LOTS 34’ X 150’ LOTS 10-12 UNIT CONDO OR APT. “MANSION” LOTS 10-12 UNIT CONDO OR APT. “MANSION” LOTS
APARTMENTS ABOVE)
Site Area = 122.94 ac. 2 STORY WITH BASEMENT 2 STORY WITH BASEMENT 3 TO 5 STORY STRUCTURES 3 TO 5 STORY STRUCTURES
2 SINGLE FAMILY LOT (26’-22’ X 205’ TYP.) 10 IN-OUT DRY BOAT STORAGE (115’ X 720’ BUILDING WITH 18 MULTI-MODAL TRAIL CONNECTOR
APPROXIMATELY 350 STORAGE SPACES) Existing Zoning = I-2 (General Industrial) MUSKEGON
MUSKEGON
LAKE LAKE
3 SINGLE FAMILY LOT (34’ X 150’ TYP.) - MAY BE COMBINED 11 MARINA RESTROOMS 19 POOL AND RESTROOM BUILDING Proposed Zoning = PUD (Planned Unit Development)
TO CREATE LARGER WATERFRONT LOTS 26.00 22.00 26.0
26.00 22.0
22.00 26.0 22.0
ALLEY
100.0 TYP.
SETBACK
YARD
REAR
15.0'
Proposed Dwellings MUSKEGON
MUSKEGON 90.0
26’/22’x205’ Lots = 114 dwellings
4 10-12 UNIT CONDO OR APARTMENT “MANSION” LOTS (100’ 12 CLUBHOUSES WITH POOLS AND SPORT COURTS 20 BOAT HOIST/WASH STATION AREA
SETBACK
SETBACK
LAKE LAKE
YARD
YARD
REAR
REAR
34’x150’ Lots = 107 dwellings
15.0'
15.0'
5.0' 5.0'
X 150’ TYP.)
WALK
7.0'
60.00
SETBACK
60.00
60.0
60.0
102.5
102.5
90.0
TYP.
TYP.
YARD
REAR
SIDE YARD SIDE YARD
10-12 Unit “Mansion” Lot Dwellings =
SETBACK 620-744 dwellings
1.0'
5.0'
100.0 TYP. 100.0 TYP. SETBACK 34.0 34.0 34.0 34.0 34.0 34.0 SIDE
48-Unit Building Condos/Apts = 1,296 dwellings (21 buildings) MIN. MIN. MIN. MIN. MIN. MIN.
YARD
115.0 TYP.
SETBACK
150.0 TYP.
5.0' 5.0'
94.0
94.0
5 10-12 UNIT CONDO OR APARTMENT REAR ALLEY LOADED 13 CLUBHOUSE WITH RESTAURANT, POOL, AND PUBLIC 21 STAGING SLIPS 18’ X 40’ Townhomes
90.0 STAIR EL90.0 STAIR EL = 35 Units (10 buildings) 24.00 24.0
24.00 24.0 SIDE SIDE
“MANSION” LOTS (100’ X 115’ TYP.) RESTROOMS Mixed-Use Apartments = 50 dwellings YARD
SETBACK
YARD
SETBACK
2.0 2.0
205.0'
205.0'
94.0
94.0
5.0'
Proposed Density = 19.1 d.u./ac. 90.0
SIDE
YARD
6 48-UNIT 4-STORY APARTMENT OR CONDO BUILDING WITH 14 RETAIL BUILDING
SETBACK
150.0 TYP.
150.0 TYP.
22 COMMUNITY OPEN SPACE/TREE PRESERVATION AREA
94.0
94.0
94.0
94.0
150.0
150.0
MIN.
MIN.
POSSIBLE FUTURE GROUND FLOOR RETAIL [APARTMENT WITH WALKING PATHS Retail/Office Space = 37,500 sq.ft.
85.0
60.00
85.0
60.00
90.0
60.0
60.0
BUILD TO LINE
BUILDINGS FRONTING ON LAKESHORE DRIVE]
SETBACK
12' - 20'
FRONT
102.5
102.5
YARD
TYP.
TYP.
22.0'
100.0 TYP.
90.0 90.0
Boat Storage = 111,600 sq.ft. (350 spaces)
24.00 24.0
24.00 24.0 24.0 24.0
7 48-UNIT 4-STORY APARTMENT OR CONDO BUILDING WITH 15 PUBLIC NATURE VIEW BOARDWALK WITH FISHING 23 FUTURE RESTAURANT Boat Slips = 224 slips (31 public slips)
22.0'
22.0'
MIN.
VARIES
MIN.
VARIES
INTERIOR GROUND FLOOR PARKING
GROUND FLOOR PARKING 34.0 34.0 34.0 34.0 34.0 34.0
22.0'
22.0'
MIN.
MIN.
22.0'
22.0'
MIN.
MIN.
POSSIBLE ON-STREET PARKING
60’ slips = 24 slips 22.00 26.00 22.0
22.00 26.0
26.00 22.0 26.0 MIN. MIN. MIN. MIN. MIN. MIN.
PUBLIC ROAD (2) DRIVEWAY SPACES
50’ slips = 83 slips (31 public slips)
8 REAR LOAD TOWNHOMES (18’ X 40’ TYP.) 16 PUBLIC PARKLET WITH WATERFRONT ACCESS AND 45’ slips = 54 slips
FISHING DOCK 40’ slips = 63 slips
September 27, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’
(2) DRIVEWAY SPACES
(2) DRIVEWAY SPACES POSSIBLE ON-STREET PARKINGON-STREET PARKING
POSSIBLE
INTERIOR GROUND FLOOR PARKING
INTERIOR GROUND FLOOR PARKING
WINDWARD POINTE 0' 15' 30' 60' ALLEY PARKING IN LIEU OF
GROUND FLOOR PARKING ALLEY
PRELIMINARY PUD GENERAL DEVELOPMENT PLAN - PUBLIC AMENITY & PEDESTRIAN CIRCULATION EXHIBIT
SCALE: 1" = 30'
project number: 23201268
WALK
7.0'
SETBACK
90.0
YARD
REAR
1.0'
5.0 TYP.
Page 194 of 265
Page 195 of 265
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, Parkland Acquisition Six, LLC, a Michigan limited liability company (“Parkland”),
has requested the creation of a new Neighborhood Enterprise Zone district at a new location
within the City, and;
WHEREAS, the proposed district supports the goals of the City of Muskegon’s 2023 Master
Plan, including increasing housing supply and diversity, encouraging infill and redevelopment,
strengthening neighborhood character, and promoting long-term investment in the community,
and;
WHEREAS, the establishment of this district aligns with the City’s neighborhood preservation
and economic development goals by supporting residential development within an existing urban
area, and;
WHEREAS, notices were sent to the local taxing jurisdictions on February 12, 2026, and;
WHEREAS, a public hearing was held regarding the creation of this new district March 24,
2026; and
WHEREAS, the new district boundaries will include the properties known as 2400 Lakeshore
Drive (Parcel #24-205-598-0001-01 and Parcel #24-205-598-0001-10), as shown in Attachment
A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 14 day of April, 2026.
Ayes:
Nays:
Page 196 of 265
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on April 14, 2026.
By: ________________________
Ann Meisch
City Clerk
Page 197 of 265
Attachment A
Page 198 of 265
PROPOSED DISTRICT
Property Description:
Property Address: LAKESHORE DR, MUSKEGON, MI 49441
Tax Parcel No.: 24-205-598-0001-10
Parcel Size: 44 +/- acres
Legal Description: That part of Blocks 598, 599, 601, 602, 603 and 604 of the Revised
Plat (of 1903) of the City of Muskegon, according to the recorded plat thereof, as recorded
in Liber 3 of Plats, Page 71 and part of the Northwest 1/4 of Section 35 and the Northeast
1/4 of Section 34, Town 10 North, Range 17 West, City of Muskegon, Muskegon County,
Michigan, described as: Commencing at the West 1/4 corner of said Section 35; thence
N02°12'49"E 1677.46 feet along the West line of said Section to the Point of Beginning;
thence S82°47'56"W 50.55 feet; thence Southwesterly 186.25 feet along a 367.00 foot
radius curve to the left, said curve having a central angle of 29°04'38", and a chord bearing
S68°15'37"W 184.26 feet; thence Southwesterly 257.49 feet along a 333.00 foot radius
curve to the right, said curve having a central angle of 44°18'12", and a chord bearing
S75°52'24"W 251.12 feet; thence S13°42'45"W 15.79 feet; thence Southwesterly 95.90
feet along a 267.00 foot radius curve to the left, said curve having a central angle of
20°34'23", and a chord bearing S03°25'23"W 95.38 feet; thence Southeasterly 239.57 feet
along a 2012.48 foot radius curve to the left, said curve having a central angle of 06°49'14",
and a chord bearing S10°16'50"E 239.42 feet; thence Southwesterly 700.49 feet along a
250.48 foot radius curve to the right, said curve having a central angle of 160°13'48", and
a chord bearing S69°41'27"W 493.53 feet; thence Northwesterly 369.37 feet along a 267.00
foot radius curve to the left, said curve having a central angle of 79°15'51", and a chord
bearing N83°20'11"W 340.61 feet; thence Northwesterly 564.61 feet along a 314.98 foot
radius curve to the right, said curve having a central angle of 102°42'11", and a chord
Page 199 of 265
bearing N71°37'01"W 492.00 feet; thence N19°15'29"W 176.42 feet; thence S70°44'31"W
235.50 feet; thence S19°15'29"E 170.95 feet; thence Southwesterly 48.47 feet along a 49.50
foot radius curve to the right, said curve having a central angle of 56°06'05", and a chord
bearing S08°47'33"W 46.56 feet; thence S36°50'36"W 73.36 feet; thence Southwesterly
48.86 feet along a 49.50 foot radius curve to the right, said curve having a central angle of
56°32'58", and a chord bearing S65°07'04"W 46.90 feet; thence N86°36'27"W 176.27 feet;
thence S03°23'33"W 99.79 feet; thence Southeasterly 39.11 feet along a 35.00 foot radius
curve to the left, said curve having a central angle of 64°01'09", and a chord bearing
S28°37'01"E 37.10 feet; thence Southwesterly 194.32 feet along a 60.00 foot radius curve
to the right, said curve having a central angle of 185°33'57", and a chord bearing
S32°09'23"W 119.86 feet; thence N86°36'27"W 178.67 feet; thence N03°27'29"E 419.63
feet; thence S86°36'27"E 110.19 feet; thence S79°07'05"E 44.92 feet; thence Northeasterly
81.82 feet on a 166.00 foot radius curve to the right, said curve having a central angle of
28°14'26" and a chord bearing N30°56'43"E 81.00 feet; thence N33°06'55"W 12.65 feet;
thence N19°15'19"W 139.80 feet to Reference Point "A"; thence continuing N19°15'19"W
16 feet, more or less, to the Water's Edge of Muskegon Lake; thence Northeasterly along
said Water's Edge to a line bearing N02°26'40"E from Reference Point "B", said Reference
Point "B" being N73°38'29"E 177.12 feet; N70°33'27"E 559.46 feet; S05°07'58"E 477.00
feet; N79°06'45"E 242.00 feet; N06°24'39"W 513.00 feet; N73°53'16"E 571.33 feet;
S69°37'49"E 343.90 feet; N81°39'10"E 1074.06 feet; S83°56'05"E 175.31 feet;
S85°50'16"E 497.19 feet; and S80°44'18"E 151.35 feet from said Reference Point "A", the
previous 11 calls being along an Intermediate Traverse Line; thence S02°26'40"W 17 feet,
more or less, to said Reference Point "B"; thence continuing S02°26'40"W 1199.14 feet;
thence N87°33'20"W 134.58 feet; thence S69°06'08"W 14.26 feet; thence S20°53'52"E
322.75 feet; thence Southwesterly 66.50 feet along a 1367.00 radius curve to the left, said
curve having a central angle of 02°47'14", and a chord bearing S76°03'58"W 66.49 feet
along the Northerly Right of Way of Lakeshore Drive; thence N20°53'52"W 401.11 feet;
thence Northwesterly 141.78 feet along a 348.00 radius curve to the right, said curve having
a central angle of 23°20'33", and a chord bearing N09°13'36"W 140.80 feet; thence
N02°26'40"E 820.16 feet; thence N84°34'17"W 553.81 feet; thence Southwesterly 213.27
feet along a 962.00 foot radius curve to the left, said curve having a central angle of
12°42'08", and a chord bearing S89°09'00"W 212.83 feet; thence S82°47'56"W 378.38 feet
to the Point of Beginning.
Page 200 of 265
Property Address: LAKESHORE DR, MUSKEGON, MI 49441
Tax Parcel No.: 24-205-598-0001-01
Parcel Size: 21.46 acres
Legal Description: That part of Blocks 598, 599, 601, 602, 603 and 604 of the Revised
Plat (of 1903) of the City of Muskegon, according to the recorded plat thereof, as recorded
in Liber 3 of Plats, Page 71 and part of the Northwest 1/4 of Section 35 and the Northeast
1/4 of Section 34, Town 10 North, Range 17 West, City of Muskegon, Muskegon County,
Michigan, described as: Commencing at the West 1/4 corner of said Section 35; thence
N02°12'49"E 347.07 feet along the West line of said Section; thence S87°48'45"E 973.32
feet; thence Northeasterly 351.39 feet along a 1367.00 foot radius curve to the left, said
curve having a central angle of 14°43'41", and a chord bearing N84°49'25"E 350.42 feet,
the previous 2 calls being along the Northerly Right-of-Way line of Lakeshore Drive, a
66.00 foot wide public Right-of-Way; thence N20°53'52"W 221.24 feet to the Point of
Beginning; thence continuing N20°53'52"W 179.88 feet; thence Northwesterly 23.05 feet
along a 348.00 foot radius curve to the right, said curve having a central angle of 03°47'43",
and a chord bearing N19°00'01"W 23.05 feet to Reference Point "A"; thence S78°20'19"W
115.14 feet; thence Southwesterly 75.74 feet along a 333.00 foot radius curve to the right,
said curve having a central angle of 13°01'53", and a chord bearing S84°51'16"W 75.57
feet; thence S02°26'46"W 242.34 feet; thence S87°50'31"E 146.53 feet; thence
N54°35'59"E 151.65 feet to the Point of Beginning.
ALSO: Recommencing at said Reference Point "A"; thence Northwesterly 66.10 feet along
a 348.00 foot radius curve to the right, said curve having a central angle of 10°52'58", and
a chord bearing N11°39'41"W 66.00 feet to the Point of Beginning; thence continuing
Northwesterly 52.63 feet along a 348.00 foot radius curve to the right, said curve having a
central angle of 08°39'52", and a chord bearing N01°53'16"W 52.58 feet; thence
N02°26'40"E 820.16 feet; thence N84°34'17"W 553.81 feet; thence Southwesterly 213.27
feet along a 962.00 foot radius curve to the left, said curve having a central angle of
12°42'08", and a chord bearing S89°09'00"W 212.83 feet; thence S82°47'56"W 357.49 feet
Page 201 of 265
to Reference Point "B"; thence S07°12'04"E 42.30 feet; thence Southeasterly 54.55 feet
along a 332.00 foot radius curve to the right, said curve having a central angle of 09°24'53",
and a chord bearing S02°29'37"E 54.49 feet; thence S02°12'49"W 81.68 feet; thence
S87°47'11"E 129.00 feet; thence N88°28'30"E 89.97 feet; thence Northeasterly 107.95 feet
along a 3449.20 foot radius curve to the left, said curve having a central angle of 01°47'35",
and a chord bearing N79°52'43"E 107.95 feet; thence Northeasterly 252.42 feet along a
762.00 foot radius curve to the right, said curve having a central angle of 18°58'47", and a
chord bearing N88°28'19"E 251.27 feet; thence Southeasterly 81.63 feet along a 2253.48
foot radius curve to the left, said curve having a central angle of 02°04'31", and a chord
bearing S83°04'34"E 81.62 feet; thence Southeasterly 6.24 feet along a 421.00 foot radius
curve to the left, said curve having a central angle of 00°50'59", and a chord bearing
S84°32'19"E 6.24 feet; thence S84°57'48"E 270.26 feet; thence S14°41'16"E 79.80 feet;
thence S02°26'40"W 551.64 feet; thence Southeasterly 87.25 feet along a 498.00 foot
radius curve to the left, said curve having a central angle of 10°02'17", and a chord bearing
S02°34'28"E 87.14 feet; thence Northeasterly 35.28 feet along a 267.00 foot radius curve
to the left, said curve having a central angle of 07°34'15", and a chord bearing N82°07'27"E
35.26 feet; thence N78°20'19"E 115.14 feet to the Point of Beginning.
ALSO: Recommencing at said Reference Point "B"; thence S82°47'56"W 71.44 feet;
thence Southwesterly 186.25 feet along a 367.00 foot radius curve to the left, said curve
having a central angle of 29°04'38", and a chord bearing S68°15'37"W 184.26 feet; thence
Southwesterly 62.77 feet along a 333.00 foot radius curve to the right, said curve having a
central angle of 10°48'03", and a chord bearing S59°07'20"W 62.68 feet to the Point of
Beginning; thence continuing Southwesterly 194.71 feet along a 333.00 foot radius curve
to the right, said curve having a central angle of 33°30'09", and a chord bearing
S81°16'26"W 191.95 feet; thence S13°42'45"W 15.79 feet; thence Southwesterly 95.90
feet along a 267.00 foot radius curve to the left, said curve having a central angle of
20°34'45", and a chord bearing S03°25'23"W 95.38 feet; thence Southeasterly 239.57 feet
along a 2012.48 foot radius curve to the left, said curve having a central angle of 06°49'14",
and a chord bearing S10°16'50"E 239.42 feet; thence Southwesterly 700.49 feet along a
250.48 foot radius curve to the right, said curve having a central angle of 160°13'48", and
a chord bearing S69°41'27"W 493.53 feet; thence Northwesterly 157.34 feet along a 267.00
foot radius curve to the left, said curve having a central angle of 33°45'50", and a chord
bearing N60°35'11"W 155.07 feet to Reference Point "C"; thence S05°25'56"W 120.27
feet; thence Southwesterly 40.12 feet along a 158.00 foot radius curve to the right, said
curve having a central angle of 14°32'56", and a chord bearing S12°42'23"W 40.01 feet;
thence Southeasterly 73.18 feet along a 150.00 foot radius curve to the right, said curve
having a central angle of 27°57'07", and a chord bearing S59°27'07"E 72.45 feet; thence
Southeasterly 160.98 feet along a 717.02 foot radius curve to the left, said curve having a
central angle of 12°51'48", and a chord bearing S51°54'27"E 160.64 feet; thence
Northeasterly 797.85 feet along a 384.56 foot radius curve to the left, said curve having a
central angle of 118°52'21", and a chord bearing N62°13'18"E 662.26 feet; thence
Northeasterly 20.86 feet along a 366.02 foot radius curve to the left, said curve having a
central angle of 03°15'53", and a chord bearing N01°09'07"E 20.85 feet; thence
Northwesterly 93.87 feet along a 443.39 foot radius curve to the left, said curve having a
central angle of 12°07'46", and a chord bearing N06°32'43"W 93.69 feet; thence
Northwesterly 6.35 feet along a 366.00 foot radius curve to the left, said curve having a
central angle of 00°59'40", and a chord bearing N13°06'26"W 6.35 feet; thence
Northwesterly 167.50 feet along a 1855.22 foot radius curve to the right, said curve having
a central angle of 05°10'23", and a chord bearing N11°01'05"W 167.44 feet; thence
Northeasterly 96.10 feet along a 483.00 foot radius curve to the left, said curve having a
Page 202 of 265
central angle of 11°23'58", and a chord bearing N72°22'58"E 95.94 feet; thence
N18°32'25"W 150.76 feet to the Point of Beginning.
ALSO: Recommencing at said Reference Point "C"; thence Northwesterly 66.17 feet along
a 267.00 foot radius curve to the left, said curve having a central angle of 14°11'57", and a
chord bearing N84°34'04"W 66.00 feet to the Point of Beginning; thence continuing
Southwesterly 145.86 feet along a 267.00 foot radius curve to the left, said curve having a
central angle of 31°18'03", and a chord bearing S72°40'55"W 144.06 feet; thence
Southwesterly 149.63 feet along a 314.98 foot radius curve to the right, said curve having
a central angle of 27°13'08", and a chord bearing S70°38'28"W 148.23 feet to Reference
Point "D"; thence S00°45'04"W 380.60 feet; thence Southwesterly 139.07 feet along a
1533.00 foot radius curve to the right, said curve having a central angle of 05°11'52", and
a chord bearing S03°21'00"W 139.02 feet; thence S05°56'55"W 93.54 feet; thence
S87°18'12"E 149.86 feet along the Northerly Right-of-Way line of Lakeshore Drive, a
66.00 foot wide public Right-of-Way; thence N00°45'04"E 498.15 feet; thence
Northeasterly 78.47 feet along a 464.98 foot radius curve to the left, said curve having a
central angle of 09°40'08", and a chord bearing N64°23'04"E 78.37 feet; thence
Northeasterly 50.69 feet along a 150.00 foot radius curve to the right, said curve having a
central angle of 19°21'49", and a chord bearing N69°13'54"E 50.45 feet; thence
Northeasterly 44.81 feet along a 92.00 foot radius curve to the left, said curve having a
central angle of 27°54'14", and a chord bearing N19°23'02"E 44.36 feet; thence
N05°25'56"E 120.27 feet to the Point of Beginning.
ALSO: Recommencing at said Reference Point "D"; thence Northwesterly 66.12 feet along
a 314.98 foot radius curve to the right, said curve having a central angle of 12°01'41", and
a chord bearing N89°44'08"W 66.00 feet to the Point of Beginning; thence continuing
Northwesterly 348.85 feet along a 314.98 foot radius curve to the right, said curve having
a central angle of 63°27'22", and a chord bearing N51°59'36"W 331.29 feet; thence
N19°15'29"W 176.42 feet; thence S70°44'31"W 235.50 feet; thence S19°15'29"E 170.95
feet; thence Southwesterly 48.47 feet along a 49.50 foot radius curve to the right, said curve
having a central angle of 56°06'05", and a chord bearing S08°47'33"W 46.56 feet; thence
S36°50'36"W 73.36 feet; thence Southwesterly 48.86 feet along a 49.50 foot radius curve
to the right, said curve having a central angle of 56°32'58", and a chord bearing
S65°07'04"W 46.90 feet; thence N86°36'27"W 176.27 feet; thence S03°23'33"W 99.79
feet; thence Southeasterly 39.11 feet along a 35.00 foot radius curve to the left, said curve
having a central angle of 64°01'09", and a chord bearing S28°37'01"E 37.10 feet; thence
Southeasterly 15.87 feet along a 60.00 foot radius curve to the right, said curve having a
central angle of 15°09'12", and a chord bearing S53°03'00"E 15.82 feet; thence
S86°36'27"E 217.11 feet; thence Northeasterly 51.82 feet along a 52.50 foot radius curve
to the left, said curve having a central angle of 56°32'58", and a chord bearing N65°07'04"E
49.74 feet; thence N36°50'36"E 205.42 feet; thence Southeasterly 292.25 feet along a
461.30 foot radius curve to the left, said curve having a central angle of 36°17'56", and a
chord bearing S52°35'45"E 287.39 feet; thence S02°32'55"W 467.98 feet; thence
S84°03'05"E 115.94 feet along said Northerly line of Lakeshore Drive; thence
N05°56'55"E 93.54 feet; thence Northeasterly 133.08 feet along a 1467.00 foot radius
curve to the left, said curve having a central angle of 05°11'52", and a chord bearing
N03°21'00"E 133.04 feet; thence N00°45'04"E 380.04 feet to the Point of Beginning.
Contains 21.46 acres. Subject to easements, restrictions and rights-of-way of record.
Page 203 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: SOAR Business Partner Agreement Approval
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
The City of Muskegon is considering entering into a Business Partnership Agreement with SOAR™ by
Cornerstone University. This partnership would provide eligible City employees and their immediate
family members with access to flexible, online degree programs and up to $1,950 annually in
scholarship support.
Detailed Summary & Background:
The City of Muskegon is considering entering into a Business Partnership Agreement with SOAR by
Cornerstone University, an online higher education program designed to provide flexible and
affordable degree pathways for working individuals.
Through this partnership, eligible City employees and their immediate family members would have
access to fully online, mobile-friendly degree programs that are self-paced and designed to
accommodate work and personal schedules. Participants may receive up to $1,950 annually in
scholarship funding through the Business Partner program, in addition to any available federal or
state financial aid.
The program offers multiple degree pathways, including associate, bachelor’s, and master’s level
programs. Tuition is structured at approximately $2,400 per four-month term for associate and
bachelor’s programs, and approximately $3,750 per four-month term for master’s programs. These
rates are less than half the national average for private online degree programs.
The City of Muskegon also offers a tuition reimbursement benefit for eligible employees, providing up
to 75% of tuition, including required course fees, for all passing grades, with a maximum of $2,500
annually for undergraduate studies and $3,000 annually for graduate and post-graduate studies.
During initial discussions, City staff expressed concerns regarding certain general education course
content related to religious perspectives. Following continued dialogue, the SOAR team revised and
expanded the course offerings to ensure they are inclusive and accessible to all participants,
regardless of background or belief. This opportunity is intended for employees interested in furthering
their education to support career advancement and professional development. Participation in the
SOAR program aligns with the City’s broader workforce development goals by expanding access to
continuing education and skill-building opportunities.
This agreement is being presented for City Commission awareness and authorization.
Page 204 of 265
Goal/Action Item:
Administrative Action
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to authorize the City Manager to enter into the Business Partnership Agreement with SOAR by
Cornerstone University, as presented.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 205 of 265
Page 206 of 265
Page 207 of 265
Cornerstone University SOAR™
Business Partner Agreement
The Cornerstone University SOAR™ program is revolutionizing the delivery method of degree programs
to meet the needs of 21st-century learners seeking flexible, high-quality pathways to achieve their
educational goals.
As a Business Partner of Cornerstone SOAR™, City of Muskegon (hereinafter referred to as the “City”),
and Cornerstone wish to enter into this Business Partner Agreement (this “Agreement”) whereby the
City shall refer its employees and other individuals to Cornerstone, and otherwise promote Cornerstone,
and Cornerstone shall provide a scholarship and other Benefits as provided herein. These Benefits are
designed to fully integrate the Cornerstone SOAR™ support system with Business Partners at every level
and to strengthen the City’s talent pipeline.
“Employee(s)” shall mean W-2 employees of the City.
“Applicant(s)” shall mean a natural person eligible to receive a scholarship or other benefit from
Cornerstone under this Agreement for education with SOAR™.
“Benefits” shall mean the scholarship, academic support, and other educational services to be provided
to Applicants described herein.
“Course Term” means the applicable academic term for SOAR™ courses (e.g., four-month term,
trimester, or other period used by Cornerstone).
Program Benefits
• Applicants may receive up to a $1,950 annual partner scholarship, conditioned on Pell
eligibility and Cornerstone grants/scholarships (see tuition and fees below).
• Applicants must file the FAFSA to be considered for federal, state, and institutional grants
and scholarships, including the Benefits under this Agreement.
• This scholarship shall be a credit against the tuition and fees of Cornerstone for Applicants
who apply, are accepted, and take courses with SOAR™ and is also extended to immediate
family members of Employees, including and limited to spouses, children, siblings, parents,
legal guardians, and persons for whom the Employee is a legal guardian, all of whom may be
an Applicant if otherwise eligible hereunder.
• For an Applicant to be eligible, the Employee under whose employment the Applicant is
applying must remain employed through acceptance of the Applicant’s application with
Cornerstone. If the Employee ceases to be employed after such acceptance, such shall not
have any bearing on the Applicant’s Benefits hereunder for the single Course Term for which
the Applicant applies. However, for each subsequent Course Term, Benefits shall only apply
if the Employee under whom the Applicant applied is employed by the City at the beginning
of the Course Term in question.
• Cornerstone reserves the right to deny applications by any Applicant based on its standards
and policies. Cornerstone reserves the right to dismiss or terminate Applicants from SOAR™
at any time in accordance with its policies and standards. The City shall have no liability for
1
Page 208 of 265
Cornerstone’s decisions in accepting, denying, or terminating Applicants from SOAR™, or any
other matters related to the education of the Applicant with Cornerstone.
• Cornerstone does not guarantee that any specific SOAR™ program, degree, or modality will
remain available and all SOAR™ programs may be modified, suspended, or discontinued in
Cornerstone’s discretion.
• No information protected by FERPA or any other law or regulation related to student
information or privacy shall be shared with or disclosed to the City by Cornerstone.
• Cornerstone SOAR™ will provide up to four (4) on-site Education & Financial Aid workshops
per year at no cost to the City.
• The City may post employment opportunities on the Cornerstone University job board to
attract current students and alumni at no charge.
• The City may directly recruit any Cornerstone student for internship opportunities.
• In connection with this Agreement, Cornerstone may do the following in its sole and absolute
discretion, but shall have no obligation to do so:
- The City may have the opportunity, by Cornerstone’s invitation, to participate in select
advisory boards for Cornerstone University academic programs.
- The City may be invited to deliver in-person or recorded presentations/guest lectures to
Cornerstone University classes, including SOAR™ classes.
- Cornerstone University facilities – including classrooms and conference rooms located on
campus near East Beltline and I-96 – may be made available to The City at no charge,
subject to availability, for training purposes and meetings, subject to execution of any
facility use agreement required by Cornerstone.
The City Collaboration Commitments
The City agrees to collaborate in the following ways:
• Promote Cornerstone University SOAR™ program(s) to Employees through internal
communications, which may include email, new-Employee orientation materials,
publications, and/or informational sessions. All materials and publications circulated by the
City with Cornerstone’s name shall be approved by Cornerstone in form and substance in
advance.
• Permit Cornerstone SOAR™ to include The City’s logo and identify The City as a Business
Partner in University publications, on the Cornerstone website, landing pages, social media,
and/or promotional materials. Cornerstone shall not use the City’s name, except to identify
the City as a partner of Cornerstone, without the City’s written consent. All uses of the City’s
name by Cornerstone shall cease upon written direction from the City to do so.
• Allow designated City representatives the opportunity to provide testimonials, video
statements, social-media commentary, or media commentary on the value of the SOAR™
program.
• Cornerstone shall have no liability for decisions of the City, including hiring, firing, workplace
matters, and any other issues that pertain to the Applicant or Employee’s employment.
• All decisions related to Employees of the City shall remain in the sole discretion of the City
without input or influence of Cornerstone, and the City shall have no obligation to hire any
number of individuals or provide any number of individuals to SOAR™ under this Agreement.
2
Page 209 of 265
• Participation in SOAR™ shall not be a term or condition of employment for any Employee,
and employment actions shall not affect Cornerstone’s academic decisions.
Tuition and Fees
The Cornerstone University SOAR™ Program(s) is unique in its tuition design in that Applicants may
have little to no out-of-pocket cost.
• All books, fees, and materials are included in the program tuition cost.
• After all other federal and state aid is applied, the University will provide institutional gift aid
to Applicants of up to $650 per four-month term (up to $1,950 annually) to assist with tuition
and mandatory fees.
• The City has the option to provide additional tuition reimbursement, subject to the City’s
internal tuition reimbursement policies. This is not a requirement. Cornerstone will provide
Applicants with the necessary documentation for reimbursement if necessary.
• Cornerstone may collaborate with the Applicants to establish direct bill arrangements to
reduce the administrative burdens on the City if no tuition reimbursement is given to
Applicants.
Academic Support
The following are informational in regard to SOAR™ and do not constitute a contractual commitment
under this Agreement:
• SOAR™ students will be offered extensive academic support services, including a student
success coach for 1:1 support, advising, tutoring, library resources, technical support, etc.
• SOAR™ students enrolled in the Program(s) have the option of forming on-site, mobile, or
virtual study groups or workshops to help them complete assignments.
Miscellaneous Provisions
• This Agreement shall commence on the Effective Date and continue for a period of one year.
Either party may terminate this Agreement with 30 days written notice to the other party. If
this Agreement is terminated during a Course Term of courses in SOAR™, all Benefits that
would otherwise apply to each Applicant shall continue to apply through the end of that
Course Term.
• The City is not a third-party beneficiary of any arrangement or agreement between
Cornerstone and any Applicant, regardless of employment with the City.
• The arrangement described herein shall not be regarded as a joint venture and, for any tax
purposes which may apply or be applicable, each party shall be regarded as an independent
contractor to the other.
• Neither party hereunder may assign this Agreement without written consent from the other
party.
• This Agreement constitutes the entire agreement of the parties on the subject described
herein and any and all discussions, negotiations, and agreement pertaining to the subject
matter herein shall be merged into this Agreement.
• If any portion of this Agreement is determined to be illegal or unenforceable, then that
portion of the Agreement shall be severed with the remaining Agreement remaining in full
force and effect.
3
Page 210 of 265
• This Agreement shall be construed and enforced under the laws of the State of Michigan.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Cornerstone University City of Muskegon
a Michigan nonprofit corporation a Michigan city
___________________________________ __________________________________________
By: Dave Veneklase, CFO By: Jonathan Seyferth, City Manager
Date: ____________________ Date: ____________________
4
Page 211 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Henry Corridor Signal Project - Engineering
Amendment - Right-of-Way Effort
Submitted by: Todd Myers, Deputy Director of Department: Public Works
Public Works
Brief Summary:
Staff requests approval to approve the attached Design Services Amendment in the amount of
$35,000 from Rowe Professional Services Company for the completion of the necessary Right-of-Way
services.
Detailed Summary & Background:
During the design of the Henry Corridor Signal project, it has been determined that temporary
easements and permanent right-of-way takes are necessary to complete this project. Therefore,
Rowe Professional Services Company is requesting additional funds to complete the necessary Right-
of-Way acquisition services for the Henry Corridor Signal Improvements Project as outlined in their
attached amendment.
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$35,000 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
202 (Highway) Yes No X N/A
Recommended Motion:
Authorize staff to modify the existing professional services agreement with Rowe Professional Services
Company in the amount of $35,000 adding Right-of-Services to their Henry Corridor Signal
Improvements project.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Page 212 of 265
Technology
Other Division Heads
Communication
Legal Review
Page 213 of 265
April 1, 2026
Mr. Dan VanderHeide, PE – Director of Public Works
City of Muskegon
1350 E Keatings Avenue
Muskegon, MI 49442
RE: Henry Street Signals Amendment for Design Services – Right-of-Way Effort
Dear Mr. VanderHeide:
As you requested, ROWE Professional Services Company has prepared this amendment to our
original contract because the scope of work for this project has changed, requiring acquisition of
right-of-way at the intersections of Laketon, Hackley, and Sherman along Henry Street. ROWE is
teaming up with Commonwealth on this effort, as they bring experience with this type of work and
with the Michigan Department of Transportation (MDOT) Local Agency Program (LAP) right-of-
way process. ROWE has teamed up with Commonwealth in the past on several similar projects.
Below, we have outlined the work involved in this requested amendment. All project scope follows
MDOT LAP right-of-way requirements.
Right-of-Way Services Scope:
Coordination with additional property owners for right-of-way and temporary easements.
– Scope includes up to eight permanent right-of-way takes for placement of sidewalk
and signal equipment along Henry Street.
– Includes obtaining titles and deeds for properties as required by MDOT at an
average cost of $200/parcel.
If the total title costs exceed the average rate, an amendment may be
required.
Develop Market Study and preliminary review documents following MDOT requirements.
Develop easement descriptions and exhibits for parcels as noted above.
Prepare offers for review by the City of Muskegon prior to submitting offers to property
owners.
Submittal of easement documents to the Muskegon County Registrar at an average cost
of $100/parcel.
– If the average cost/parcel exceeds $100, an amendment may be required.
Services do NOT include the following:
Property assessments.
Payments to property owners for right-of-way takes.
o This is assumed to be paid for by the city.
Page 214 of 265
Mr. Dan VanderHeide, PE – Director of Public Works
April 1, 2026
Page 2
• More than eight properties to be evaluated and reviewed.
Items not specifically called out in the scope of work are considered out of scope, even if not
specifically noted as such.
Total additional effort for right-of-way services – $35,000.00.
Summary of Amendment Request:
• Right-of-Way Services:
– Previously approved ROWE effort – $126,616.00.
– Additional ROWE design effort – $35,000.00.
– Revised Total Effort – $161,616.00.
If additional services are requested, ROWE will provide an amendment prior to beginning work.
We appreciate this opportunity to be of service to the City of Muskegon. Please feel free to contact
Hailey Savola at (616) 834-1596 if you have any questions.
Sincerely,
ROWE Professional Services Company
Digitally signed by Jesse Digitally signed by Hailey Savola
DN: C=US, [email protected],
M. Morgan
Jesse M. Morgan Date: 2026.04.01 Hailey Savola O=ROWE Professional Services Company,
OU=Senior Project Engineer -
Transportation/Traffic, CN=Hailey Savola
13:42:50-04'00' Date: 2026.04.02 06:53:43-04'00'
Jesse Morgan, PE Hailey Savola
Director of Engineering Project Manager
R:\Projects\PROPOSAL\H. Savola\City of Muskegon\ROWE_ROW_Amendment.docx
Page 215 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Extension of Partnership Agreement: Boys &
Girls Club of the Muskegon Lakeshore
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff is requesting authorization to extend our contract with the Boys & Girls Club of the Muskegon
Lakeshore for temporary staffing services during the 2026 maintenance season.
Detailed Summary & Background:
DPW typically hires up to 30 seasonal employees each year from GoodTemps (Goodwill). The staffing
provided by this agreement will take the place of an approximately equal number of our typical
seasonal employees, helping DPW fill our roster during the labor shortage and providing employment
and training for younger community members. Temporary staffing is accounted for in the annual
budget of the departments that use these services. The employees under this agreement are
included in the parks (general) fund budget.
The Boys & Girls Club anticipates providing approximately 8 staff split in two teams, and in
consultation with DPW, identified two service areas that they would be well suited for:
1. Landscape maintenance, waste-removal and general support in the BID area downtown.
2. Restroom cleaning and waste removal at various parks.
Goal/Action Item:
2027 Goal 3: Community Connection
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$50,000 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-770 Yes No x N/A
Recommended Motion:
Authorize staff to contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary
staffing services during the 2026 maintenance season.
Approvals: Name the Policy/Ordinance Followed:
Page 216 of 265
Immediate Division x
Head
Information
Technology
Other Division Heads
Communication
Legal Review x
Page 217 of 265
Page 218 of 265
Page 219 of 265
Page 220 of 265
Page 221 of 265
Page 222 of 265
Page 223 of 265
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor/
Equalization Co.
(231)724-6386
FAX (231)724-1129
Cemetery/Forestry
(231)724-6783
FAX (231)724-4188
City Manager
(231)724-6724
FAX (231)722-1214
April 14th, 2026
Clerk
(231)724-6705
FAX (231)724-4178 Boys and Girls Club
900 W. Western Ave.,
Comm. & Neigh. Muskegon, MI 49441
Services
(231)724-6717
FAX (231)726-2501 Re: Exercise the Extension on the Partnership Agreement between the City of Muskegon and the Boys and
Girls Club of the Muskegon Lakeshore.
Computer Info.
Technology
(231)724-4126 Dear Boys & Girls Club of the Muskegon Lakeshore:
FAX (231)722-4301
Engineering
The City of Muskegon hereby requests that the Agreement be extended for the period of January 1, 2026–
(231)724-6707 December 31, 2026. The proposed budget for the extension period will be as listed in the previous contract
FAX (231)727-6904 at the discretion of the city. We have agreed this be taken into consideration with this extension.
Finance
(231)724-6713 This modification is requested for the following reason(s):
FAX (231)726-2325
Fire Department
• The City of Muskegon utilizes a contract to assist the City of Muskegon Parks Department. The
(231)724-6795 extension proposes to request approximately 8 seasonal employees & 2 field coordinators.
FAX (231)724-6985 Services include contract laborers for seasonal projects on an as-needed basis.
Human Resources • The ability to subcontract teens in the BGC teen workforce in City of Muskegon Parks &
Co. (Civil Service) Recreation programs
(231)724-6442 • The City of Muskegon is an AA/EEO/ADA Employer.
FAX (231)724-6840
Income Tax
(231)724-6770 Thank you for your consideration of this request.
FAX (231)724-6768
Mayor’s Office City of Muskegon
(231)724-6701
FAX (231)722-1214
Date: ,2026
Planning/Zoning CITY OF MUSKEGON
(231)724-6702
FAX (231)724-6790
By:_
Police Department Ken Johnson, Mayor
(231)724-6750
FAX (231)722-5140
And:
Public Works
(231)724-4100
FAX (231)722-4188
Ann Meisch, MMC City Clerk
SafeBuilt
(Inspections)
(231)724-6715 Contractor
FAX (231)728-4371
Date: ,2024
Treasurer
(231)724-6720 BOYS AND GIRLS CLUB OF MUSKEGON LAKESHORE
FAX (231)724-6768
By:
Water Billing
(231)724-6718 Camille Jorden-Mark, CEO
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, Muskegon, MI 49440 http://www.shorelinecity.com Page 224 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Concession Application - The Thirsty Mitten
(Pere Marquette)
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
The Parks Department has received an application from Thirsty Mitten for a concession agreement to
run a mobile food concession at Pere Marquette. Per the concession policy, their fee to operate at
the park in a mobile unit is $1,000/year + 5% of gross receipts for operations conducted at beach
parks.
Detailed Summary & Background:
The Parks Department has received an application from Thirsty Mitten for a concession agreement to
run a mobile food concession at Pere Marquette. Per the concession policy, their fee to operate at
the park in a mobile unit is $1,000/year + 5% of gross receipts for operations conducted at beach
parks. The applicant has stated their frequency would be weekly with a presence primarily on
weekends. This would be a mobile trailer that is set up on the weekends near the Kite Shack/new
restroom parking lot. Hours of operation will be Thursday - Saturdays in the summer from 11a.m. -
6p.m. when they do not have other commitments. The only possible food prep on site would be mini
pancakes, aside from this the vendor would be seeking non-alcoholic beverages.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Move to authorize staff to enter into a concession agreement with Thirsty Mitten as a mobile
concession vendor at Pere Marquette Park.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x n/a
Page 225 of 265
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 226 of 265
PARK CONCESSION POLICY
ADOPTED: July 26th, 2022
Page 227 of 265
PURPOSE
To formalize the process and procedures related to concession operations within the City of Muskegon
Park System.
GOALS
The City of Muskegon maintains this policy with the goals of:
• Providing a variety of services to park visitors that could not be provided by other means
• Meet the needs and wants of park users
• Activate and engage our park spaces
• Offer opportunities for small business to start and grow
COVERED AREAS & APPLICABILITY
This policy applies to any concession proposing to operate in the traditionally recognized city park system,
with the following exceptions:
• Hackley Park is excluded from this agreement and no concessions outside of approved special
events are permitted to operate within Hackley Park.
• This policy does not apply to Western Market, Muskegon Farmers Market, Trinity Health Arena,
or any other areas which may contain similar operations but are not a part of the traditionally
recognized city park system.
• This policy also does not apply to “The Deck” restaurant which operates within Pere Marquette
Park, to “Fisherman’s Landing” campground and boat launch, nor to the “Clippers” baseball
facility that operates within Marsh Field, as all are under specific lease agreements and terms.
• Concessions operating as a part of an approved special event or an approved sports league are
exempt from this policy.
This policy does apply to the few brick and mortar concession spaces located within the City Parks;
currently the list of brick and mortar spaces is as follows, with future changes possible:
• The designated concession space within the Pere Marquette Park Bathhouse
• The Pere Marquette Park secondary building located south of the bathhouse
• The Pere Marquette Park Chalet at the north end of the park
2
Page 228 of 265
APPLICATION & AGREEMENT PROCESS
Applications will be accepted year-round on the attached form.
There is no fee associated with applying to be a concessionaire within the City Parks. If the application is
approved, fees will be charged for the right to operate within the city park system as outlined below.
Staff will review applications in accordance with this policy. Applications approved by staff will be
presented to the Commission for consideration before adoption of the agreement.
Once an application is approved by the City Commission, city and the concessionaire will enter into a
formal agreement. General agreement terms attached to each agreement will be specifically crafted to
match the agreed upon activities, fees, and services as allowable in this policy.
Agreements shall be renewed annually, except that agreements within a designated brick and mortar
space may be proposed for an extended duration, with the maximum length not to exceed 5 years.
Returning operations for brick and mortar facilities in good standing shall be offered first right of refusal
to renew their agreement for up to one renewal term of the same duration as the original term. When
brick and mortar spaces become available or at the end of a renewal term the brick and mortar spaces
will be offered as available through a request for proposal process.
FEES & WAIVERS
Concessionaire shall be obligated to pay the fees outlined in the agreement.
The standard fee to operate a concession shall be set at $1,000/Year + 5% of gross receipts for any
operation conducted within Kruse Park, Pere Marquette Park, Margaret Drake Elliot Park or Harbor Towne
Beach, and $250/Year + 5% of gross receipts for any concession operating in any other park.
Concession agreements proposed for a brick and mortar location as described above shall be set at
$1,000/Year + 10% of gross receipts or $2,500/Year, whichever is expected to be more.
Revenue generated from concession operations shall be deposited in the City General Fund for support
of park and recreation operations in the City.
Fees for concessions may be waived by staff upon receipt of a “Concession Fee Waiver Application” at the
same time as a concession application. Fee waivers will be evaluated according to the point system
described on that form.
3
Page 229 of 265
Return completed application to the following:
City of Muskegon Public Works Department
1350 East Keating Avenue
Muskegon, MI 49442
► I. CONCESSIONAIRE
BUSINESS /
NON-PROFIT
CONTACT
ADDRESS
PHONE
EMAIL
► II. OPERATIONAL DESCRIPTION
ACTIVITIES
CONDUCTED
(ATTACH
PICTURES IF
NEEDED)
EQUIPMENT
USED
(ATTACH
PICTURES IF
NEEDED)
REQUESTED
LOCATION(S)
► IV. LIABILITY WAIVER
4
Page 230 of 265
APPLICANT(S) voluntarily agree, understand and recognize that participants will have no right to make a
claim or file a lawsuit against the City.
► V. REQUIREMENTS OF CONCESSIONAIRES
1. Applicant shall comply with all City of Muskegon Policies.
2. Applicant shall comply with all City of Muskegon Ordinances.
3. Applicant shall save the City of Muskegon harmless from all claims.
4. The appointed fees must be paid in full to the City prior to commencement of operations.
5. All required licenses and an insurance certificate listing the City as an additional insured party
must be submitted before the agreement is signed and before commencing operations.
6. Applications denied by staff may be appealed to the City Commission for consideration.
With my signature, I certify that I have read and agree to the City of Muskegon Park Concession
Policy and all items listed on this application.
I agree to abide by all applicable ordinances & regulations.
____________________________________________________________________________________
Signature of Applicant Date
CITY STAFF USE ONLY: APPROVED / DENIED
NAME/TITLE:_________________________________________________________
DATE:_____________ FEE:_________________
NOTES:______________________________________________________________
5
Page 231 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Health and Dental Care Renewal
Submitted by: Kenneth Grant, Finance Director Department: Finance
Brief Summary:
To approve the renewal of Priority Health as the City's fully insured health care provider and the Third
Party Administrator for City's self-funded health care plan. Also, to renew Delta Dental as the City's
dental insurance provider.
Detailed Summary & Background:
See Attachment
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
677 Yes No N/A
Recommended Motion:
To approve the renewal of Priority Health as the City's fully insured health care provider and the Third
Party Administrator for City's self-funded health care plan. Also, to renew Delta Dental as the City's
dental insurance provider.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 232 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14,2026 Title: Health and Dental Care Renewal
Submitted By: Kenneth Grant Department: Finance
Brief Summary: To approve the renewal of Priority Health as the City’s fully insured health care
provider and the Third-Party Administrator for City’s self-funded health care plan. And to renew
Delta Dental as the City’s dental insurance provider.
Detailed Summary: The City’s health care coverage renews June 1, 2026, for the period June 1, 2026, to
May 31, 2027. Health insurance companies are again giving out large rate increases across the board
this year.
1 . The renewal initially came in at a 15.6% increase, which we were able to get reduced to 12.6% after
discussions with Priority Underwriting. We then made a few benefit changes which further reduced our
renewal to 10.58%.
2. We are also offering a second option (Low Option Plan) with a high deductible for those employees
that may not use services much and would like to lower their payroll contribution. The rates for
employees choosing that option are 6.42% less than what we are paying currently. The city would still
pay the first $4,000 Individual deductible and $8,000 Double/Family Deductible. The employee would be
responsible for the $5,000 Individual deductible and $10,000 Double/Family Deductible that remained.
3. If an employee does not complete the wellness requirements they will be put in a plan that has the
same benefits as the employees who completed the wellness requirements, except it will have a $4,500
deductible for individuals and $9,000 deductible for double and family contracts. The city will still pay up
to $4,000 of the individual deductible and $8,000 for the double and family deductible. The employee will
have to pay an additional $500 for the individual deductible and additional $1,000 for the double and
family deductible.
4. The benefit changes we made allowed us to not have to open any Union contracts and we are able to
maintain the 10% employee contribution
.
5 . BCBSM/BCN was not a viable option as again they are not able to accommodate our retirees
according to our contract.
The following changes are effective June 1, 2026.
1. Renewal rates:
Demographic 2025 2026 High Option Plan 2026 Low Option Plan
Single $675.34 $746.82 $631.97
Double $1,519.51 $1,680.35 $1,421.93
Family $1,823.41 $2,016.42 $1,706.32
Page 233 of 265
2. Our Health Reimbursement Arrangement (HRA) is running well. Our annual cost
for the HRA for 2025 was $423,800.00 To put that in perspective, the maximum
exposure for the city for the HRA is $2,405,000.00
3. For our self-funded contract, which includes 2 segments, those retirees under 65
and those over 65. These are the fixed costs for the plan. Our aggregate cost
went over our maximum exposure for the year. Priority Health will be sending
us reimbursement for that cost in the amount of $349,000.00.
Enrolled Current Renewal Increase/Decrease
Admin Fee 139 $55.58 $57.09 2.7%
Aggregate 139 $16.85 $18.03 7.0%
Premium
4. Delta Dental rates increased 8.46% for 2026-27. We have not experienced
much increase with Delta Dental for many years. There are no plan changes.
The city offers three benefit packages dependent on where you work.
Single Double Family
Basic (Police $32.06 $60.29 $121.16
& Fire)
Enhanced $39.10 $73.20 $146.25
(Non-Union)
Union $37.38 $70.98 $144.15
Enhanced
(Union)
5. Vision rates increased 6.6% with no changes in benefits
Current Renewal
Single $6.17 $6.58
Double $11.10 $11.85
Family $16.65 $17.77
6. Payroll contributions will be 10% employee paid on a bi-weekly basis. The 10%
payroll contribution includes medical rates, and HRA payments.
6/1/2026 – 5/31/2027 Employee Contribution Employer Contribution
High Option Plan Bi-Weekly Bi-Weekly
Single $ 42.42 $ 381.78
Double $ 85.51 $ 769.55
Family $ 101.02 $ 909.15
6/1/2026 – 5/31/2027 Employee Contribution Employer Contribution
Low Option Plan Bi-Weekly Bi-Weekly
Single $ 22.53 $ 348.65
Double $ 40.76 $ 695.02
Family $ 47.33 $ 819.72
Page 234 of 265
Amount Budgeted: $3,853,000.00 - $3,770,000.00
Fund(s) or Account(s):677 Fund(s) or Account(s):
Recommended Motion: To approve Priority Health fully insured and self-funded renewal, and the
Delta Dental renewal for 2026-2027.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Page 235 of 265
Page 236 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Contract with MATS for Beach Shuttle
Service
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval of a contract with the Muskegon Area Transit System to provide bus service
to the city's beach parks.
Detailed Summary & Background:
Staff has presented the proposed changes to the beach shuttle program to the commission.
Adjustments to bus stops have been made based on input from the commission balanced with route
timing and efficiency. A map of the route and stops is included in the packet. At this time, staff is
presenting the contract for services which has already been approved by the County Commission.
Costs remain as previously discussed.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections
throughout the community
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Contract for services discussed at work session and legislative policy.
Amount Requested: Budgeted Item:
$48,800 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-772-801 Yes X No N/A
Recommended Motion:
To approved the contract with MATS and authorize the mayor and clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Purchasing Policy
Head
Information
Technology
Page 237 of 265
Other Division Heads
Communication
Legal Review X
Page 238 of 265
AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND MUSKEGON COUNTY
THE AGREEMENT is made effective May 22, 2026 (the “Effective Date”) to September 6, 2026
(16 weeks, together the “Term”) between the City of Muskegon, located at 933 Terrace Street,
Muskegon, Michigan 49443-0536 (the “City”) and Muskegon County, through its transit system,
located at 1903 Marquette Avenue, Muskegon, Michigan 49442 (“MATS”).
RECITALS
A. The City owns and operates a number of parks and recreational facilities in the City
of Muskegon, including a beach at Pere Marquette Park.
B. The City believes that it would be of benefit to offer transportation as described
below.
C. MATS, through its transit system, operates various transportation services designed
to serve people, including individuals with disabilities, older adults, and persons
facing barriers to reliable transportation access.
D. In consideration of the matters described above and of the mutual benefits set forth
in this Agreement, the parties agree as follows:
SECTION 1. Recitals
The Recitals above are true and correct and are incorporated into the body of this Agreement.
SECTION 2. Services Provided by the City.
During the Term:
A. The City shall design and install signage at the stops described below in accordance
with MATS policies as noted in Exhibit A.
B. The City shall pay MATS a total amount of Forty-Eight Thousand Eight Hundred
Dollars ($48,800.00), payable in two installments as follows: (i) one-third (1/3) of
the total amount, equal to Sixteen Thousand Two Hundred Sixty-Six Dollars and
Sixty-Seven Cents ($16,266.67), due and payable in May 2026; and (ii) two-thirds
(2/3) of the total amount, equal to Thirty-Two Thousand Five Hundred Thirty-
Three Dollars and Thirty-Three Cents ($32,533.33), due and payable in July 2026.
MATS shall issue invoices to the City in accordance with this schedule. MATS
may invoice the City for any additional service hours requested by the City, which
shall be payable in accordance with the terms of this Agreement.
Page 1 of 7
Page 239 of 265
SECTION 3. Services Provided by MATS.
During the Term, MATS shall provide and be responsible for the following:
A. Routes:
Two Seasonal Fixed Routes, with required ADA paratransit complement.
Service will operate on the following dates and times for the duration of the
agreement:
Fridays: 12:00 noon to 8:00 p.m.
Saturdays: 12:00 noon to 8:00 p.m.
Sundays: 12:00 noon to 6:00 p.m.
B. Tan Line (Route 41):
Stops located as follows:
Kruse Park Picnic area, Beachwood Park area, Beach Street “Area 13” staircase
area, Beach Street “Kite Shack” area, Beach Street @ Indiana St., Margaret Drake
Elliot Park area, Silversides area, Harbor Towne Beach parking area.
Stop locations will be bi-directionally served (north and south).
Route circuit will depart Kruse Park at :00 and :30, serving stops 2x hourly.
Individual stops will not be “timed” due to varying traffic conditions.
Bus will remain on roads (not parking areas) except Kruse Park.
All boarding/alighting activity will occur at designated stops.
C. Town Line (Route 42) :
Stops located as follows:
Herman Ivory Terminal, Marquette Ave. & Wood St., Marquette Ave. & Erickson
St., Western @ Third/Fourth, Western @ Sixth, Laketon & Henry, Lakeshore Dr.
& Estes St., Grand Trunk Parking Area, Lakeshore Dr. & Sherin St., Beach Street
@ Indiana St.
Stop locations will be bi-directionally served (east and west).
Route circuit will depart Herman Ivory Terminal once hourly, serving all stops 1x
hourly.
Individual stops will not be “timed” due to varying traffic conditions.
Page 2 of 7
Page 240 of 265
Bus will remain on roads (not parking areas) except Grand Trunk Parking area.
All boarding/alighting activity will occur at designated stops.
D. ADA Complementary Paratransit
In adherence to the Americans with Disabilities Act requirements, when fixed route
bus operations occur, MATS will operate its Complementary Paratransit service to
provide trips on a pre-scheduled, next-day basis for all eligible and certified persons
with disabilities that are traveling within a zone extending 3/4 miles around the
designated seasonal fixed routes during the days and times that these routes are in
operation. ADA service complementary to these seasonal routes will be free of
charge, as are these fixed route services.
E. Vehicle and Tracking:
One small bus on each route (16 seats, or 3 wheelchairs + 6 seats). Vehicles can
be tracked by passengers through the MATS app and website at:
https://muskegon.connexionz.net/rtt/public/
F. Guidelines:
MATS shall operate as an open-door public transportation system, and all rules and
regulations governing MATS passengers shall apply, as set forth in Exhibit B.
G. Customer Fare:
No customer fare required. Donations to MATS drop box available.
H. Reporting:
MATS will send a weekly summary of the previous period’s daily passenger counts
for each route by the conclusion of business on the following Tuesday. Any
significant events will also be included in this summary. For the purposes of this
section a “significant event” shall mean any of the following:
(1) Major delays or service disruptions exceeding 30 minutes on any
route;
(2) Accidents, fights, or incidents involving passengers, drivers, or
vehicles that require reporting to authorities or impact service;
(3) Vehicle breakdowns or equipment failures that result in route
cancellations or significant schedule deviations;
(4) Emergency situations or security threats affecting service
operations;
Page 3 of 7
Page 241 of 265
(5) Unscheduled changes in service, such as route detours or early
terminations; and
(6) Other operational issues that could reasonably be expected to impact
service reliability, passenger safety, or operational compliance.
SECTION 4. Relationship Between the Parties
MATS shall perform and provide services under this Agreement as an independent contractor and
the individual or individuals designated by MATS shall remain for all purposes employees of
MATS. MATS understands that it will remain responsible for any and all wages and benefits due
to its employee. MATS employees shall not be entitled to any benefits from the City, including,
but not limited to, vacation leave, sick leave, health insurance, disability insurance, unemployment
insurance, and workers’ compensation benefits.
SECTION 5. Assignment
Neither the City nor MATS shall assign any of its rights nor transfer any of its obligations under
this Agreement to another party without the prior written consent of the other, which consent will
not be unreasonably withheld.
SECTION 6. Severability
If any one or more of the provisions are held to be invalid, illegal, or unenforceable in any respect,
then such provision or provisions are deemed severable from the remaining provisions, and such
invalidity, illegality or unenforceability will not affect any other provision, and this Agreement
will be construed as if such invalid, illegal or unenforceable provision had never been in this
Agreement.
SECTION 7. Notice
Notices will be given by personal service, fax, e-mail, or United States pre-paid postage for first
class, registered or certified mail. Notices of termination will be sent as follows:
To: The City To: MATS
933 Terrace Street 1903 Marquette Avenue
Muskegon, MI 49440 Muskegon, MI 49442
Attn: Kenneth Johnson, Mayor Attn: Mark Eisenbarth, County Administrator
SECTION 8. Entire Agreement and Amendment
In conjunction with the matters considered herein, this Agreement contains the entire
understanding and agreement of the parties and there have been no promises, representations,
agreements, warranties, or undertakings by any of the parties, either oral or written, of any
character or nature hereafter binding except as set forth herein. This Agreement may only be
Page 4 of 7
Page 242 of 265
altered, amended, or modified only by an instrument in writing and executed by both Parties hereto.
Each party waives their future right to claim, contest or assert that this Agreement was modified,
canceled, superseded, or changed by any oral agreements, course of conduct waiver or estoppel.
SECTION 9. No Third-Party Beneficiary
No person dealing with the City or MATS shall be, nor shall any of them be deemed to be, third-
party beneficiaries of this Agreement. This Agreement is not intended to, and will not be
interpreted to, create a special relationship between the City and MATS and any staff, visitors,
residents, or other individuals who may have business through the City or MATS.
SECTION 10. Insurance
The City will submit to Muskegon County and Muskegon County will submit to the City a
Certificate of Insurance certifying that, for the period covered by this Agreement, each party carries
and has added the other party to the following insurance policies:
A. worker’s compensation insurance including Employer’s Liability Coverage in
accordance with all applicable statutes of the State of Michigan.
B. general liability insurance, including a Broad Form General Liability Endorsement
or equivalent, with minimum aggregate limits of $1,000,000 to protect the other
party against claims for damage to property of others or for injury to or death of
one more than one person due to accidents which may occur or result from the
Subrecipient’s performance under this Agreement.
C. motor vehicle liability insurance, including Michigan No-Fault Coverage, with
limits of Liability not less than $1,000,000 per occurrence for personal injury and
for property damage. Coverage shall include all owned vehicles, all non-owned
vehicles, and all hired vehicles.
D. any and all additional insurance required by the laws of the State of Michigan.
The insurance certificates required under this Agreement will name the City and MATS as an
additional insured party and will obligate the insurer to provide a defense against all claims brought
against either party by virtue of this Agreement. Documentation shall include evidence of
coverage as it applies to the specific delivery of services as outlined by the Agreement herein. The
certificate shall provide that the insurance cannot be canceled or modified without thirty (30) days
advance written notice to the other party by the insurance company.
SECTION 11. Terms and Conditions
The terms and conditions used in this Agreement will be given their common and ordinary
definition and will not be construed against either party.
Page 5 of 7
Page 243 of 265
SECTION 12. Execution of Counterparts
This Agreement may be executed in any number of counterparts and each such counterpart shall
for all purposes be deemed to be an original; and all such counterparts, or as many of them as the
parties shall preserve undestroyed, shall together constitute one and the same instrument. An
electronic or facsimile signature on this Agreement has the effect of an original signature.
SECTION 13. Authority
All parties to this Agreement warrant and represent that they have the power and authority to enter
into this Agreement in the names, titles, and capacities stated below and on behalf of any entities,
person, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s)
and that all formal requirements necessary or required by any State and/or Federal law in order to
enter into this Agreement have been fully complied with.
SECTION 14. Indemnity.
A. To the fullest extent permitted by law, the City shall defend, indemnify, and hold
harmless Muskegon County, its subsidiaries, departments, divisions, and agencies
and their respective officials, officers, directors, employees, and agents from and
against any and all liability, litigation, causes of action, and claims, by whomsoever
brought or alleged, and regardless of the legal theories upon which based, and from
and against all losses, costs, expenses, and fees and expenses of attorneys and
expert witnesses resulting therefrom on account of, relating to, or arising out of
bodily injury to or death of any person or on account of damage to property,
including loss of use, arising or allegedly arising out of or resulting from the act or
omission of the City and its employees, agents and contractors.
B. To the fullest extent permitted by law, Muskegon County shall defend, indemnify,
and hold harmless the City, its subsidiaries, departments, divisions, and agencies
and their respective officials, officers, directors, employees, and agents from and
against any and all liability, litigation, causes of action, and claims, by whomsoever
brought or alleged, and regardless of the legal theories upon which based, and from
and against all losses, costs, expenses, and fees and expenses of attorneys and
expert witnesses resulting therefrom on account of, relating to, or arising out of
bodily injury to or death of any person or on account of damage to property,
including loss of use, arising or allegedly arising out of or resulting from the act or
omission of Muskegon County (including MATS), and its employees, agents and
contractors.
[Signature page to follow]
Page 6 of 7
Page 244 of 265
MUSKEGON COUNTY
Dated: By:
Charles Nash
Chairman of the County Board
CITY OF MUSKEGON
Dated: By:
Kenneth Johnson
Mayor
Dated: By:
Ann Meisch,
Clerk
Page 7 of 7
86083:00019:202525836-3
Page 245 of 265
Exhibit A
Each bus stop location that will require surface improvements may need additional field
measurements, such as elevations and slopes, to ensure Americans with Disabilities Act (ADA)
compliance to Public Right-of-Way Accessibility Guidelines (PROWAG).
Approvals and permits will be received for each stop depending on requirements.
• Local jurisdiction permits.
• National Environmental Policy Act (NEPA)/Categorical Exclusion documentation.
• Others, as needed.
Depending on location of the stop, additional items may need to be added to the plans, such as
Michigan Department of Transportation (MDOT) traffic control plans.
Page 246 of 265
Exhibit B
Muskegon Area Transit System Passenger Courtesy Rules
• MATS reserves the right to deny service or to have a passenger removed from the bus or
MATS property for displaying poor conduct or violating system rules.
• Ask for transfers immediately upon boarding.
• Keep aisles clear. Collapse strollers and carts before boarding the bus. Keep small children
and bags on your lap.
• Children under age 12 must be accompanied by an adult in all MATS facilities and vehicles
or be certified by MATS.
• Remain seated, when possible, while the bus is in motion.
• Keep hands, arms and other objects inside the bus.
• No eating, drinking, smoking, or use of electronic cigarettes on board the bus.
• No use of profanity or insulting language or gestures.
• No yelling, roughhousing, or throwing of objects.
• No loitering, panhandling, soliciting or other acts prohibited by law.
• Do not use spray perfumes or aerosols on the bus.
• Do not use radios, music players, cell phones, or other sound producing devices without
headphones.
• No animals are allowed on the bus except for guide/service animals.
• Dress appropriately and maintain personal hygiene so that personal odor does not become
offensive.
Pet Policy
No animals are allowed on the bus except for guide/service animals.
Lost & Found
All items found on MATS buses are turned in at the main office each evening. Items may be
claimed by calling 231-724-6420 and describing the lost item. Property not claimed within 30
days may be discarded or donated to charity.
Page 247 of 265
Page 248 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Approve CRC Recommendations
Submitted by: Jessica Grimm, Elections Department: City Clerk
Coordinator
Brief Summary:
To accept the resignation of Deborah Sweet from the Citizens Police Review Board and appoint
Nathaniel Williams to the Citizens District Council/Community Development Block Grant as a Ward 2
Representative with a term ending 1/31/27.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes X No X N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes X No X N/A X
Recommended Motion:
Motion to approve the Recommendations from the Community Relations Committee.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 249 of 265
The Community Relations Committee recommends to the City Commission approval of the following:
Member Resignation:
• Deborah Sweet – Citizens Police Review Board
Member appointments:
• Nathaniel Williams – Citizens District Council – Community Development Block Grant
o Term expiring 1/31/2027 Ward 2 Representative
Page 250 of 265
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Concurrence with the Housing Board of
Appeals Notice and Order to Demolish the
following: ITEM REMOVED PER STAFF REQUEST
Submitted by: Steven Stout, Housing Board of Department: Public Safety
Appeals
Brief Summary:
This is to request that the City Commission Concur with the findings of the Housing Board of Appeals
that the structures are unsafe, substandard, public nuisances and that they be demolished within
thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition
of the structures and that the Mayor and City Clerk be authorized and directed to execute a
contract for the demolitions with the lowest responsible bidder.
• 779 Yuba Street
• 984 Pine Street
• 978 Pine Street
Detailed Summary & Background:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
BIDS Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
To concur with the Housing Board of Appeals decision to demolish.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Section 10-81 & Section 10-371 through 10-382
Head
Information
Page 251 of 265
Technology
Other Division Heads
Communication
Legal Review
Page 252 of 265
Building and Inspection Services 933 Terrace St., Suite 201Muskegon, MI 49440
EN2401187-779 Yuba St
Case: Smallberg LLC
#1 2886 3 Mile Rd
Walker, Mi. 49534
INFORMATION:
On or around May ,14th, 2024, Staff observed the exterior of
the structure has begun to deteriorate at an alarming rate,
including falling bricks and a crumbling foundation. A Dangerous
Building inspection confirmed extensive damage; exterior walls
were bowing outward and had gone out of plumb.
Following the inspection, Staff contacted the owners and provided
time to get their affairs in order after explaining the requirements
of the Dangerous Building Ordinance and the next steps. In May
of 2024, the Owners expressed interest in remediation and
agreed to schedule an inspection. When no further action
occurred, Staff extended an additional two weeks in August 2024,
before ultimately issuing a Notice and Order due to continued
inaction.
In February 2025, an HBA Notice was sent and the owners
responded by scheduling an inspection. Due to the
unsecured and long vacant state of the building, staff
coordinated with Sgt Velik from MPD for initial safety
sweep. Upon arrival, Staff discovered the North wall had
Inspections Dept. 933 Terrace St., Ste 204, Muskegon, MI 49440 • 231-724-6715
Page 253 of 265
Building and Inspection Services 933 Terrace St., Suite 201Muskegon, MI 49440
collapsed. Given the extent of the structural failure, the
Chief Building Officer deemed an interior inspection
unsafe.
Staff immediately communicated the emergency to the
operations Manager of the property, who assured us that
the corrective action would be taken. An inspection report
and remediation timeline were provided. After further
evaluation with the Fire Marshal, Staff recommended
fencing off the hazardous area as a temporary safety
measure. We informed the Owner that if action was not
taken quickly, the City would have the site secured at the
owner's expense. Over a week passed with no response,
despite multiple follow up attempts by both Staff and the
Fire Marshal.
The Property was subsequently listed for sale, with the
stipulation that the adjacent property could not be sold with
out either a demolition or a remediation plan in place for
the structure.
STAFF RECOMENDATION:
Demolition of building.
No further contact has been made, and Staff has been
unable to achieve resolution with the current owners. The
building remains structurally compromised and unsafe.
Inspections Dept. 933 Terrace St., Ste 204, Muskegon, MI 49440 • 231-724-6715
Page 254 of 265
Building and Inspection Services •933 Terrace St., Suite 201 ,Muskegon, MI 49440
COMPLAINT NOTICE:
May 14th, 2024, DB complaint sent to owners.
Notice & Order:
On August 13th, 2024, The Notice and Order was sent
and posted.
On September 18th, 2024, A 10 day Notice of HBA
Hearing was sent and posted.
On October 29th, 2024 a 10 Day Notice of HBA Hearing
was sent and posted.
On July 7th, 2025, A 10 Day Notice of HBA Hearing was
sent and posted.
On August 7th, 2025, An HBA Determination letter was
sent and posted. All notices are sent via First Class and
Certified Mail as well posted to the property.
ADDITIONAL INFORMATION:
-This is a two, plus story building. It is 18,141 square feet
commercial building.
-SEV & Taxable value is $63,500 & $54,127.
-Effective age is 120 years old, built in 1905.
-Staff estimated cost for interior and exterior repairs at N/A
as the interior inspection has not been performed.
-The Building is in the Angel Commercial Neighborhood.
779 Yuba Street was declared for demolition by the
Housing Board of Appeals on August 7, 2025.
Inspections Dept. 933 Terrace St., Ste 204, Muskegon, MI 49440 • 231-724-6715
Page 255 of 265
Page 256 of 265
Page 257 of 265
Page 258 of 265
CASE EN2304311-984 Pine st
C Blackfoot Investment Company LLC
1431 Bemis S/E
Grand Rapids, Mi. 49506
Information:
On November 13, 2023, The Muskegon Fire Department responded to a Structure fire. The
home was fully engulfed in flames. Despite aggressive suppression efforts, the building
sustained fire, smoke, and water damage. Originally interconnected with five adjoining
structures. The property lost its entire roof to direct fire exposure. It suffered major
destruction of the main floor and accumulated several feet of water in the basement.
The fire is believed to have originated from the unpermitted heat treatment on the roof. Due
to the scale of the damage and lack of response from the owner, Staff consulted with
structural engineers already working at a neighboring site. It was determined that any future
demolition would require additional engineering to prevent destabilizing the adjoining
buildings.
In January 2024, Contact was made with the owner, Staff was granted access to perform an
All-Trades Fire Inspection. At That time, the structure was determined to be unsafe for an
interior inspection, as only the exterior walls remained. The owner also disclosed that the
building was uninsurable prior to the fire due to its deteriorated condition. Based on Staff
observations and the engineering input, the structure was deemed a total loss.
Staff advised that Immediate action was necessary to avoid City-Initiated demolition,
particularly since the structure had already resulted in a four-month road closure. A partial
demolition permit was issued on January 31st, 2024, allowing removal of the remaining
second story on the neighboring property to reopen the street. That work was completed and
inspected by February 27, 2024. However, no demolition work has been completed on this
structure to date. All subsequent discussions have focused solely on remediation of the
neighboring building.
RECOMENDATION:
Due to prolonged inaction and repeated failure to meet agreed timelines, Staff Recommend
Proceeding with demolition of the structures.
Page 259 of 265
Complaint Notice:
A dangerous building fire letter was sent on November 14th, 2023.
Notice & Order:
On November 14th, 2023, a fire inspection notice was sent.
On May 16th, 2024, a notice and order as sent and posted.
On September 18th, 2024, a 10-day notice of hearing was sent and posted.
On March 20th, 2025, a 10-day notice of hearing was sent and posted.
On July 28th, 2025, a 10-day notice of hearing was sent and posted.
Om 2-21-2025, a 10-day notice of hearing was sent and posted.
On 7-21-25, a 10-day notice of hearing was sent and posted.
On 8-18-25 The case was tabled.
On 1-21-26, I sent and posted a 10-day notice of hearing.
All notices are sent, First Class Mail, Certified Mail, and posted to the structure.
CONTACT WITH OWNER:
Contact was made with the owner in May of 2025, regarding the demolition of the structure.
Staff asked if contact information could be shared with the potential buyer. No contact has
been made with staff by the current or potential owners since the conversation.
ADDITIONAL INFORMATION:
-This is a 1,496 square foot commercial improved structure.
- SEV &Taxable value: $6,000 & $6,000.
-Built in N/A Approx. Rebuilt in 1979, address noted in fire records from the 1891 Pine st fire.
-Current Property taxes due: $69.79
-Staff estimates cost for interior/exterior repairs in excess of $350,000.
-The structure is in Angel Neighborhood.
984 Pine Street was declared for demolition by the Housing Board of Appeals on
February 5, 2026.
Page 260 of 265
Page 261 of 265
Case
B
EN2304310 - 978 Pine St, Commercial Building
Owner Leon Yarbrough
1431 Bemis S/E
Grand Rapids Mi. 49506
INFORMATION:
On or around 11-13-23, a structure fire occurred at this commercial building. The fire
damaged adjoining buildings on both sides of the building. There was heavy fire damage to
978 Pine St. The roof was completely damaged. The second floor suffered fire, smoke
damage, and water damage. The roof is now open and inclement weather goes straight to
the basement. A Fire Inspection notice was sent on 11-14-23 to the owner. Scott Kiaunus
(last building Inspector) has had limited contact with the owner. The owner says that he is
going to fix the building. The owner got an engineer’s report and got a demo permit, that
has now expired. This has gone to the HBA previously. The case had been tabled. I have
spoken to the owner’s neighbor, Clare Standburg. Clare owns one of the buildings adjacent
to 978 Pine. Clare has Damage to his building from the fire, he has fixed his building since
the fire.
COMPLAINT NOTICE:
On 11-14-24, A fire inspection notice was sent to the owner of 978 Pine st.
Notice & Order:
A Notice & Order was sent on 5-16-24. Was sent and posted.
On 9-18-24, A 10, day notice of hearing was sent and posted.
On 3-20-25, A Notice of the HBA was sent and posted.
On 7-24-25, An HBA notice of hearing was posted.
Page 262 of 265
On 8-18-25 This case was tabled.
On 1-21-26, I posted and sent out a hearing letter for the HBA.
All Notices are sent via First Class and Certified Mail as well as posting on the property.
Contact with Owner, Leon Yarbrough. Scott has talked with the owner multiple times. The
owner says enough to get things tabled for a bit. Nothing has been done to the property. I
am not sure where Scott left off with this building, so I am sending this to the HBA.
Additional information:
-Square footage for this commercial property is 2,640.
-SEV & Taxable Value 17,700 & 8,041. Delinquent taxes 598.55 for 2024.
-Year Built is 1979
-Staff estimated cost for interior and exterior
978 Pine Street was declared for demolition by the Housing Board of Appeals on February
5, 2026.
Page 263 of 265
Page 264 of 265
Page 265 of 265
Sign up for City of Muskegon Emails